Fair Work Commission

Introduction

Australia’s national workplace relations system covers the majority of Australian workplaces, but some are covered by state workplace relations systems. 

National system coverage

You are covered by the national workplace relations system if you:

• work for a constitutional corporation
• work in Victoria, the Australian Capital Territory or the Northern Territory (except if you are a law enforcement officer or an executive in the public sector in Victoria, or a member of the Police Force in the Northern Territory)
• work in the private sector in New South Wales, Queensland or South Australia
• work in the private sector or local government sector in Tasmania.

Other coverage

You are not covered by the national workplace relations system if you:

• work in the state public sector or for a non-constitutional corporation in either local government or private industry in Western Australia
• work in the state public sector or local government in New South Wales, Queensland or South Australia
• work in the state public sector in Tasmania.

Go to the Unfair dismissals benchbook to find out more about people excluded from national unfair dismissal laws.

If you are not covered by the national system you are covered by the applicable state industrial relations system.

What is a constitutional corporation?

A constitutional corporation is:

• a financial corporation formed in Australia
• a trading corporation formed in Australia, or
• a foreign corporation (a corporation incorporated outside Australia) that does business in Australia.

This term is defined in section 12 of the Fair Work Act 2009  and paragraph 51(xx) of the Commonwealth Constitution.

What is a non-constitutional corporation?

Non-constitutional corporations include:

• sole traders
• partnerships
• trusts
• certain state government public sector employers, and
• corporations whose main activity is not trading or financial.