Fair Work system

Learn who’s covered by the Fair Work system and what that means for workplace rights and responsibilities.

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What is the Fair Work system

The Fair Work system was created by the Fair Work Act 2009 and started on 1 July 2009.

The Fair Work system is the name used for the minimum employment laws and agency bodies that were created by the Fair Work Act 2009. It's the national workplace relations system.

For a brief outline of Australia's workplace relations law, visit the Australia's industrial relations timeline page.

Key features of the Fair Work system

The key features of the Fair Work system are:

The National Employment Standards, awards and the National Minimum Wage make up a safety net of entitlements for employees covered by the Fair Work system. Other workplace participants in the Fair Work system (such as regulated workers) have different rights and entitlements.

There are several key bodies that have roles in the Fair Work system:

Who is covered by the Fair Work system

The Fair Work system (the national system) covers most Australian workplaces.

Working out who is covered is important because we work with those covered by the national system.

There are some Fair Work system entitlements that will apply to employers and employees who aren't in the national system. For more information read our Library article - Non-national system employee entitlements in the Fair Work Act 2009.

Tip: Ask your state or territory body or workplace for help

Employers and employees who aren’t covered by the Fair Work system should contact the relevant state body or their internal human resources department for help.

Check who isn't covered in your state or territory by selecting from the list below:

Australian Capital Territory and Northern Territory

Generally, all employees and employers in the Australian Capital Territory and Northern Territory are covered by the national system.

New South Wales

State public sector and local government employees aren't covered by the national system and remain under the state system.

South Australia

State public sector and local government employees aren't covered by the national system and remain under the state system.

Queensland

State public sector and local government employees aren't covered by the national system and remain under the state system.

Tasmania

State public sector employees remain under the state system.

Local government employees are covered by the national system.

Victoria

Most employees in Victoria are covered by the national system. This includes state government employees with some exceptions such as senior public servants.

Western Australia

All Western Australian State public sector employers are covered by the state industrial relations system.

The following types of businesses are also covered by the state system:

  • sole traders
  • partnerships
  • other unincorporated entities
  • non-trading corporations.

If a business is run by a sole trader in Western Australia and changes to a company, it may move to the national system.

If a business is run by a partnership in Western Australia, the partnership will usually qualify as a national system employer if one of the partners is:

  • a company
  • engaged in sufficient trading or financial activities.

Local government employers

From 1 January 2023, all Western Australian local government entities are covered by the state system. This is because of a state declaration endorsed by the federal Minister.

Before 1 January 2023, Western Australian local government entities may have been covered by the national or the state system.

To learn more about who's covered by the state system in Western Australia, visit the Department of Energy, Mines, Industry Regulation and Safety: Which system of employment laws applies.

For information about different business structures, visit Business Structures - Business.gov.au.

Before the Fair Work Ombudsman

NameDates
Workplace Ombudsman2007 to 1 July 2009
Office of the Employment Advocate1997 to 2007

Source reference: Fair Work Act ss.13-14A and 26-36

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