22 min read

Non-national system employers

Last updated October 2015

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 NSW, Queensland, SA, Tasmania and WA;
  • local governments in NSW, Queensland and SA;
  • non-constitutional corporations in WA (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 NSW, Queensland, SA and WA:

Jurisdiction Legislation
NSW Industrial Relations Act 1996
Qld Industrial Relations Act 1999
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 NSW, Queensland, SA and WA (subject to applicable awards, agreements and other industrial instruments made under these laws).