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Employment & Industrial Relations

13. State Specific Information

Authors: Kate Luckman
Firm / Chambers:
Last updated: 26 Jul 2015
    13. State Specific Information
  • Employees who are not subject to the national scheme are state system employees:
    • state system employees are often employed as public servants of local, state and territory governments unless there is a registered national system registered agreement in place; and
    • employees employed by sole traders in Western Australia are also subject to state specific laws rather than the national system.
  • In the Australian Capital Territory all employees are covered by the national system pursuant to the Fair Work Act;
  • In the Northern Territory all employees are covered by the national system pursuant to the Fair Work Act;
  • In Victoria most employees are covered by the national system however some state government employees have registered enterprise agreements that are also covered by the national system. There are exceptions for state government employees who work in sectors that provide essential services of core government functions;
  • In New South Wales some state public sector and local government employers have registered enterprise agreements that are covered by the national system and other public sector and local government employees remain covered by the state system.
  • In South Australia some state public sector and local government employers have registered enterprise agreements that are covered by the national system and other public sector and local government employees remain covered by the state system.
  • In Queensland some state public sector and local government employers have registered enterprise agreements that are covered by the national system and other public sector and local government employees remain covered by the state system.
  • In Tasmania some state public sector and local government employers have registered enterprise agreements that are covered by the national system other public sector and local government employees remain covered by the state system.
  • In Western Australia some businesses are covered by the state system such as:
    • sole traders;
    • partnerships;
    • other unincorporated entities;
    • non-trading corporations; and
    • state public sector and local government employees. 

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