Navigate with confidence - Visual Legal

---

Employment disputes can arise in any workplace, and knowing where to go for resolution is key. 

In South Australia, the two main bodies are the South Australian Employment Tribunal (SAET) and the Fair Work Commission (FWC). 

They handle different types of issues, with the Fair Work Ombudsman (FWO) acting as an enforcement and education body. 

At Visual Legal in Adelaide, we often help clients figure out which path is right for their situation — whether it’s unfair dismissal, workers compensation, or compliance concerns.

The Fair Work Commission (FWC)

The FWC is the national workplace relations tribunal, established under the Fair Work Act 2009 (Cth) (s 575). 

It deals with matters for most private sector employees in Australia, including those covered by the national system (s 13–14 of the Act).

Key functions include:

• Hearing unfair dismissal claims (s 394)
• Approving enterprise agreements (s 185)
• Resolving industrial disputes (s 595)
• Setting minimum wages and awards (s 156)

If you're a private sector employee or employer, the FWC is usually your first stop for disputes about pay, conditions, bullying, or termination.

The South Australian Employment Tribunal (SAET)

The SAET is a state-based tribunal created by the South Australian Employment Tribunal Act 2014 (SA) (s 5). 

It has jurisdiction over state-specific employment matters not covered by federal law (s 8 of the Act).

Key areas include:

• Workers compensation disputes under the Return to Work Act 2014 (SA)
• Public sector grievances and industrial matters for SA government employees
• Some local government employment issues
• Appeals from decisions under state employment laws

If you're a public sector worker, involved in workers comp, or dealing with state-specific industrial relations, SAET is the place.

How the Fair Work Ombudsman (FWO) Fits In

The FWO is an independent statutory agency under the Fair Work Act 2009 (Cth) (s 681). 

It doesn’t hear disputes like FWC or SAET but enforces compliance with national employment standards, awards, and agreements (s 682).

The FWO:

• Investigates complaints about underpayment, sham contracting, or breaches (s 706)
• Provides education and advice
• Can prosecute serious breaches in court (s 539)

If you suspect a breach of federal employment laws, report to the FWO — they may investigate or refer to FWC for resolution.

When to Use Which Body

• FWC for most private sector disputes (unfair dismissal, agreements).
• SAET for state public sector, workers comp, or local government matters.
• FWO for enforcement/compliance issues — they investigate and can take action.

Some overlap exists — e.g., SAET hears some federal matters by agreement — but jurisdiction depends on your employment type.

At Visual Legal, we help South Australian employees and employers navigate these bodies. 

If you're facing a workplace dispute, book a free consultation — we’ll meet in our central Adelaide office or via secure teleconference, listen to your situation, explain your options plainly, and help you decide the best path. No pressure, just practical support.

Questions about employment tribunals or the FWO? 

Drop them below or get in touch — we’re here to help.