top of page

South Australia: Employment relations and meaningful consultation

2 hours ago
1 min read

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.


 
 
 

Recent Posts

See All
South Australia: the public-sector Code of Ethics

What applies The Commissioner issues this Code under section 14(1)(a) of the Public Sector Act 2009 (SA). It is the statutory code of conduct for public-sector employees. The official PDF is marked ©2

 
 
 

Comments


Dhanggana

Yukka Anaiwan.

​

The names, voices, photographs and images of people who have passed away may appear here.

​

Our topics speaks of death, war, dispossession, racism and sorrow.

 

Some stories may be difficult to see or hear. Please look and listen with care and respect.

​

Ngiyani winangay ganunga.

(We remember them)

DISCLAIMER

​

Brian AJ Newman does not practice as a lawyer. He is a dedicated professional Employment and Human Rights Advocate. While Brian provides expert advocacy and representation in matters related to employment and human rights, he does not offer legal services or legal advice.

 

The information provided on this website is for general informational purposes only and should not be construed as legal advice. For legal services, individuals are encouraged to consult with a legal practitioner.

© BAJN Co. 2023 

ABN:  72 947 312 445

bottom of page