There are different state and federal workplace relations systems operating in Australia. It’s important to know which system you're covered by.
Employees covered by the national workplace relations system include those:
- employed by a constitutional corporation (these are corporations that are trading or financial, usually Pty Ltd or Ltd companies)
- employed in Victoria, the Northern Territory or the ACT
- employed by the Commonwealth or a Commonwealth authority
- a waterside employee, maritime employee or flight crew officer employed in connection with interstate or overseas trade or commerce
- employed by sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania.
Who isn’t covered by the national workplace relations system?
The following are generally not covered by the national workplace relations system:
- Most state government public sector employers and most local government employers (except in Victoria where most are covered)
- Western Australian corporations whose main activity is not trading or financial
- Western Australian sole traders, partnerships, or other unincorporated entities.
The Western Australian government has chosen not to join the national workplace relations system, so sole traders, partnerships, other unincorporated entities and non-trading corporations in Western Australia remain in their state system. Some of these employers in Western Australia may be covered by transitional awards if they were covered by a Federal award as at 26 March 2006. These transitional awards continue to apply until 27 March 2011.