National system employer

A 'national system employer' refers to the type of employer covered by the Fair WorkAct. Employers and employees not covered by the Fair Work Act remain covered by the applicable state industrial relations system.

Employers covered
 
A ‘national system employer’ refers to the type of employer covered by the Fair Work Act. The following employers are covered by the Fair Work Act:
  • all employees in Victoria, the Northern Territory or the Australian Capital Territory
  • those employed by private enterprise in New South Wales, Queensland, South Australia or Tasmania
  • those employed by local government in Tasmania
  • those employed by a constitutional corporation in Western Australia (a Pty Ltd company) — which may include some local governments
  • those employed by the Commonwealth or a Commonwealth authority
  • a waterside employee, maritime employee or flight crew officer in interstate or overseas trade or commerce.
Employers NOT covered
 
Employers who are not considered to be a national system employer are:
  • those employed by State Government in New South Wales, Queensland, South Australia, Western Australia and Tasmania
  • those employed by local government in New South Wales, Queensland and South Australia
  • those employed by a non-constitutional corporation in Western Australia (including a sole trader, partnership or Trust)
  • contractors.

Employers and employees not covered by the Fair Work Act remain covered by the applicable state industrial relations system. However, national entitlements to unpaid parental leave and notice of termination or payment in lieu of notice, as well as protection from unlawful termination of employment do extend to employees who remain covered by a state industrial relations system. See Parts 6-3 and 6-4 of the Fair Work Act 2009.

 

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