South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 105A

105A—Application of Part

        (1)         This Part does not apply—

            (a)         to a non-award employee whose remuneration immediately before the dismissal took effect is $100 322 (indexed) or more a year; or

            (b)         to an employee who is an apprentice under a training contract under the Training and Skills Development Act 2008 .

Note—

An apprentice may apply to the Commission under Part 4 of the Training and Skills Development Act 2008 in respect of any dispute or grievance involving his or her employer.

        (2)         The regulations may exclude from the operation of this Part or specified provisions of this Part—

            (a)         employees serving a period of probation or a qualifying period providing that the period—

                  (i)         is determined in advance; and

                  (ii)         is reasonable having regard to the nature and circumstances of the employment; and

                  (iii)         does not exceed 12 months; or

            (b)         employees engaged on a casual basis for a short period except where—

                  (i)         the employee has been engaged by the employer on a regular and systematic basis extending over a period of at least nine months; and

                  (ii)         the employee has, or would have had, a reasonable expectation of continuing employment by the employer; or

            (c)         employees whose terms and conditions of employment are governed by special arrangements giving rights of review of, or appeal against, decisions to dismiss from employment which, when considered as a whole, provide protection that is at least as favourable to the employees as the protection given under this Part; or

            (d)         employees in relation to whom the application of this Part or the specified provisions of this Part causes or would cause substantial difficulties because of—

                  (i)         their conditions of employment; or

                  (ii)         the size or nature of the undertakings in which they are employed; or

            (e)         employees of any other class.

        (3)         To the extent that a regulation under subsection (2)(c), (d) or (e) is inconsistent with the Termination of Employment Convention it is invalid.

        (4)         If a contract provides for employment for a specified period or for a specified task, this Part does not apply to the termination of the employment at the end of the specified period, or on completion of the specified task, unless the employee has, on the basis of the employer's conduct, a clear expectation of continuing employment by the employer.