See Fair Work Act s.14
A national system employer is an employer covered and bound by the national workplace relations laws.
Whether an employer is a national system employer depends on the location of the employment relationship (state or territory) and, in some cases, the business of the employer.
Only employees covered by the national workplace relations system are covered by national unfair dismissal laws (other employees may have access to remedies under state legislation). The national workplace relations system covers:
As noted in the image above:
In New South Wales, Queensland and South Australia the national system includes ALL employees (except most government and local government employees).
In the Northern Territory the national system includes ALL employees (except members of the police force).
In Tasmania the national system includes private enterprise and local government. It does not include state government.
In Victoria and the Australian Capital Territory the national system includes ALL employees (except law enforcement officers or executives in the public sector in Victoria).
In Western Australia the national system includes constitutional corporations. It does not include state government or non-constitutional corporations.
Page added: 1 July 2014
The content of the Fair Work Commission Benchbook is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation.