National system coverage for schools
Private and independent schools
Private schools and independent schools are private employers. They are covered by the Fair Work Act 2009 (FW Act).
An independent school in Western Australia won’t be covered by the national system if it’s run by one of the following:
- sole traders
- partnerships, in which none of the partners are foreign, trading or financial corporations
- other unincorporated entities, or
- non-trading corporations.
Public schools
Public schools in the following states and territories are covered by the FW Act:
- Victoria
- Australian Capital Territory
- Northern Territory
Public schools in the following states aren’t covered by the FW Act.
- New South Wales
- South Australia
- Queensland
- Tasmania
- Western Australia
They’re covered by the state system. These employees should refer to their state industrial relations body to find out if there’s an instrument that covers them.
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