Minimum conditions of employment

As of 1 January 2010, all employers in the private sector in South Australia are covered by federal industrial laws. For more information about federal industrial laws go to federal industrial laws. However, state long service leave laws continue to apply.

Employing children

There are no specific child employment laws in South Australia, but compulsory education laws prevent school-aged children from working during school hours.

Long service leave

Long service leave is paid leave granted to employees to recognise a long period of service to the employer. The SA Long Service Leave Act 1987 applies to all award and non-award employers in SA.

Amount of long service leave under the Long Service Leave Act 1987: Under the Long Service Leave Act 1987 (SA), all employees—including casuals—are entitled to 13 weeks’ paid leave after 10 years of continuous service, and 1.3 weeks for each additional year. If employment ends after seven years (not for serious misconduct), payment of 1.3 weeks per year of service is required. On termination or death, all accrued leave must be paid immediately to the employee or their personal representative.

Continuous Service: means uninterrupted employment with the same employer. Service is not broken by absences due to:

• approved leave, illness, injury, industrial disputes, or slackness of trade;
• employer-approved absences;
• or if the employee returns to work (or is re-employed) within two months of the break.

Payment for long service leave: Long service leave is paid at the ordinary weekly rate, excluding overtime, penalties, and shift loadings, and is paid in advance or on the normal payday, unless agreed otherwise. Any pay rises during leave must be applied. For irregular, commission, or piece-rate workers, pay is averaged over the last 12 months; for casual or part-time employees, the average is based on hours worked over the past three years. If accommodation is not provided during leave, the employee must be compensated at its fair value. By agreement, long service leave may be cashed out, and in that case, accommodation value does not need to be paid.

Taking long service leave: Unless otherwise agreed, long service leave must be granted as soon as practicable after it falls due and taken in one continuous period.
Leave may be taken in advance by agreement; if employment ends afterward, the employer may deduct advance leave payments from termination pay. Employees cannot work while on long service leave—penalties apply to both the employee and any employer who breaches this rule.

Notice by the employer: Unless the employer and employee agree otherwise employers must give employees 60 days notice of the date when the leave is to be taken.

Leave records: Employers must keep specific long service leave records and provide the required forms to employees before leave is taken or if it is paid out instead. These records must be retained for three years after the employee’s service ends.

Residential tenancies laws

SA residential tenancy laws may apply to farm accommodation if it is not part of a wider farm lease. These laws set rules for notice periods (usually 90 days), bonds, rent, repairs, and inspection requirements, with penalties for breaches.

If housing forms part of an employment package, tenancy notice periods still apply even after termination, unless the farmer obtains a hardship order from the tenancy tribunal.

Tenancy laws generally don’t apply to rent-free accommodation, but if housing is included as part of a formal employment agreement or in place of other entitlements, it may be considered ‘for value’ and covered by tenancy laws.