Coverage of national fair work system

_{This is an extract from trhe Fair Work Commission’s publications.}

“Who is covered by the Fair Work system

The Fair Work system (the national system) covers most Australian workplaces.

Working out who is covered is important because we work with those covered by the national system.

There are some Fair Work system entitlements that will apply to employers and employees who aren’t in the national system. For more information read our Library article – Non-national system employee entitlements in the Fair Work Act 2009.

Check who isn’t covered in your state or territory by selecting from the list below:

• Australian Capital Territory and Northern Territory
• New South Wales
• South Australia
• Queensland
• Tasmania
• Victoria
• Western Australia

Australian Capital Territory and Northern Territory

Generally, all employees and employers in the Australian Capital Territory and Northern Territory are covered by the national system.

New South Wales

State public sector and local government employees aren’t covered by the national system and remain under the state system.

South Australia

State public sector and local government employees aren’t covered by the national system and remain under the state system.

Queensland

State public sector and local government employees aren’t covered by the national system and remain under the state system.

Tasmania

State public sector employees remain under the state system.

Local government employees are covered by the national system.

Victoria

Most employees in Victoria are covered by the national system. This includes state government employees with some exceptions such as senior public servants.

Western Australia

All Western Australian State public sector employers are covered by the state industrial relations system.

The following types of businesses are also covered by the state system:

• sole traders
• partnerships
• other unincorporated entities
• non-trading corporations.

If a business is run by a sole trader in Western Australia and changes to a company, it may move to the national system.

If a business is run by a partnership in Western Australia, the partnership will usually qualify as a national system employer if one of the partners is:

• a company
• engaged in sufficient trading or financial activities.

Local government employers

From 1 January 2023, all Western Australian local government entities are covered by the state system. This is because of a state declaration endorsed by the federal Minister.

Before 1 January 2023, Western Australian local government entities may have been covered by the national or the state system.

To learn more about who’s covered by the state system in Western Australia, visit the Department of Energy, Mines, Industry Regulation and Safety: Which system of employment laws applies.

For information about different business structures, visit Business Structures – Business.gov.au.”

This is an extract from the Fair Work Commission’s publications.