Like the Fair Work Act 2009 (Cth), the Fair Work Act 1994 (SA) encourages the use of enterprise agreements to set out employment conditions. An enterprise agreement must be approved by the South Australian Employment Tribunal sitting as the Industrial Relations Commission. If there is an inconsistency between an award and an enterprise agreement, then the agreement prevails, but only to the extent of the inconsistency.
The Fair Work Act 1994 (SA) requires that a majority of employees have given their informed and genuine consent to an enterprise agreement, that the agreement is in their best interests and is not, as a package, inferior to any existing award.
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