South Australia: Employment relations and meaningful consultation
Version checked: 22 January 2026.
Determination 4 is the current employment-relations instrument listed by the Commissioner. It applies to public-service employment and other employment brought within section 16 of the Public Sector Act 2009. Older references to Determination 9 should not be substituted for the current document.
Its central distinction is between consultation and consent. Employees and relevant representatives must receive a meaningful opportunity to contribute when significant change is contemplated, but consultation does not necessarily give them a veto. Written information should address the proposal, reasons, effects and mitigation. Decisions and reasons should then be communicated.
The instrument also covers workplace delegates, access, industrial disputes and remuneration consequences. Representation and entry rights depend on the relevant legislation and industrial instrument; an advocacy business should not assume it has statutory union rights.
For prison roster or staffing changes, preserve the proposal, risk information, consultation timetable, submissions and employer responses. Consider employment consultation and WHS consultation separately. Before any industrial action, check the applicable dispute procedure and obtain advice on the specific action rather than inferring blanket protection from this determination.
General information, not advice on a particular case. Check coverage and the current industrial instrument before acting.
Comments