Geographical operation of Fair Work Act

This is what the Fair Work Commission’s unfair dismissal benchbook says about the geographical application of the Fair Work Act.


“Foreign corporations

A foreign corporation is a corporation that has been formed outside of Australia.65

A corporation which is formed outside of Australia, which employs an employee to work in its business in Australia, is likely to be a national system employer and therefore fall within the jurisdiction of the Commission.66

Geographical application of the Fair Work Act

Australia may include the Territory of Christmas Island and the Territory of the Cocos (Keeling) Island.67 There may be instances where people employed on ships or fixed platforms (both within and outside of the Exclusive Economic Zone and the Continental shelf) will be deemed to be performing work within Australia.68″