Fair Work Commission

Introduction

An employee of a national system employer (called a national system employee) who has been dismissed is protected from unfair dismissal and eligible to make an application for unfair dismissal remedy if:

• they have completed the minimum period of employment AND
• they earn less than the high income threshold (which is currently $158,500^[1] per year), or
• a modern award covers their employment, or
• an enterprise agreement applies to their employment.

What is a national system employer?

See Fair Work Act 2009 s.14

Whether an employer is a national system employer depends on the location of the employment relationship (state or territory) and, in some cases, the legal status and business of the employer.

In broad terms a national system employer includes:

• all employers in Victoria (with limited exceptions in relation to some State public sector employees), the Northern Territory and the Australian Capital Territory
• all employees on Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands
• private enterprise employers in New South Wales, Queensland and South Australia
• private enterprise employers and local government employers and employees in Tasmania
• employers that are constitutional corporations in Western Australia (including Pty Ltd companies) – this may include some local governments and authorities
• the Commonwealth and Commonwealth authorities
• the employers of waterside employees, maritime employees and flight crew officers in interstate or overseas trade or commerce.

Who is not a national system employer?

See Fair Work Act ss.14, 30D and 30N

In broad terms, the following are not national system employers:

• State government employers in New South Wales, Queensland, Western Australia, South Australia and Tasmania
• local government employers in New South Wales, Queensland and South Australia
• employers that are non-constitutional corporations in Western Australia (including an individual, a sole trader, partnership or trust)
• employers of employees at higher managerial levels in the public sector in Victoria.

What does the national system include?

Case example

Reference