What is a national system employer?

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.

Who is covered by national unfair dismissal laws?

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:

  • all employees in Victoria, the Northern Territory and the Australian Capital Territory
  • those employed by private enterprise in New South Wales, Queensland, South Australia and Tasmania
  • those employed by local government in Tasmania
  • those employed by a constitutional corporation in Western Australia (including Pty Ltd companies)—this may include some local governments and authorities
  • those employed by the Commonwealth or a Commonwealth authority
  • waterside employees, maritime employees or flight crew officers in interstate or overseas trade or commerce.

Map—who does the national system include?

Map of Australia identifying which employees in each state are covered by the national system

Who does the national system include?

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