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Non-national system employers
Last updated October 2024
This chapter outlines the key employment conditions for non-national system employers, and highlights its main differences to the Fair Work Act 2009 (Cth) National Employment Standards.
Who is a non-national system employer?
A non-national system employer is an employer who is not covered by the Fair Work Act 2009 (Cth) (FW Act), including the National Employment Standards (NES), except in relation to specific provisions.
Specifically, non-national system employers are:
- state governments in New South Wales, Queensland, South Australia, Tasmania and Western Australia;
- local governments in New South Wales, Queensland and South Australia;
- non-constitutional corporations in Western Australia (including sole traders, partnerships or trusts); and
- some specific employment categories associated with courts, tribunals and parliament in all jurisdictions.
Which legislation covers non-national system employers?
The following table shows the key legislation that sets out minimum statutory employment entitlements for employees of non-national system employers in New South Wales, Queensland, South Australia and Western Australia:
| Jurisdiction | Legislation |
|---|---|
| NSW | Industrial Relations Act 1996 |
| Qld | Industrial Relations Act 2016 |
| SA | Fair Work Act 1994 |
| WA | Minimum Conditions of Employment Act 1993 |
Tip: Unless otherwise specified, this legislation sets out the entitlements presented in this chapter for non-national system employees in New South Wales, Queensland, South Australia and Western Australia (subject to applicable awards, agreements and other industrial instruments made under these laws).