{"id":"F2012L02568","name":"Fair Work (State Declarations - employer not to be a national system employer) Endorsement 2012 (No. 3)","slug":"fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437769,"registerId":"F2012L02568-fast-fetch-1775954482085","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (State Declarations - employer not to be a national system employer) Endorsement 2012 (No. 3)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: QLD Local Councils Draft Exclusion Instrument\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)  \n![](image.001.png)   \n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2012 (No. 3)\n\nFair Work Act 2009\n\nI, WILLIAM RICHARD SHORTEN, Minister for Employment and Workplace Relations, make this Endorsement under paragraph 14 (4) (a) of the Fair Work Act 2009.\n\nDated 18 December 2012\n\n \n\nWilliam Richard Shorten\n\nMinister for Employment and Workplace Relations\n\nContents\n\n1  Name of Endorsement\n\n2  Commencement\n\n3  Definition\n\n4  Endorsement of State Declarations\n\nSchedule 1 Employers declared by or under a law of a State not to be a national system employer\n\nPart 1 Employers declared by or under a law of Queensland not to be a national system employer\n\n \n\n \n\n \n\n1 Name of Endorsement\n\n  This Endorsement is the Fair Work (State Declarations — employer not to be national system employer) Endorsement 2012 (No. 3).\n\n2 Commencement\n\n  This Endorsement commences on 1 January 2013.\n\n3 Definition\n\n  In this Endorsement:\n\nAct means the Fair Work Act 2009.\n\n4 Endorsement of State Declarations\n\n (1) For paragraph 14 (4) (a) of the Act, a declaration, by or under a law of a State mentioned in an item in Schedule 1 that an employer mentioned in that item is not to be a national system employer for the purposes of the Act, is endorsed.\n\n (2) The endorsement of a declaration in relation to an employer mentioned in an item in Schedule 1 takes effect from the date mentioned in that item.\n\nSchedule 1 Employer declared by or under a law of a State not to be a national system employer\n\n(section 4)\n\nPart 1 Employer declared by or under a law of Queensland not to be a national system employer\n\n| Item | Law of Queensland | Employer | Date of effect of endorsement |\n| --- | --- | --- | --- |\n| 1 | Industrial Relations Regulation 2011 | Aurukun Shire Council | 1 January 2013 |\n| 2 | Industrial Relations Regulation 2011 | Balonne Shire Council | 1 January 2013 |\n| 3 | Industrial Relations Regulation 2011 | Banana Shire Council | 1 January 2013 |\n| 4 | Industrial Relations Regulation 2011 | Barcaldine Regional Council | 1 January 2013 |\n| 5 | Industrial Relations Regulation 2011 | Barcoo Shire Council | 1 January 2013 |\n| 6 | Industrial Relations Regulation 2011 | Blackall-Tambo Regional Council | 1 January 2013 |\n| 7 | Industrial Relations Regulation 2011 | Boulia Shire Council | 1 January 2013 |\n| 8 | Industrial Relations Regulation 2011 | Bulloo Shire Council | 1 January 2013 |\n| 9 | Industrial Relations Regulation 2011 | Bundaberg Regional Council | 1 January 2013 |\n| 10 | Industrial Relations Regulation 2011 | Burdekin Shire Council | 1 January 2013 |\n| 11 | Industrial Relations Regulation 2011 | Burke Shire Council | 1 January 2013 |\n| 12 | Industrial Relations Regulation 2011 | Cairns Regional Council | 1 January 2013 |\n| 13 | Industrial Relations Regulation 2011 | Carpentaria Shire Council | 1 January 2013 |\n| 14 | Industrial Relations Regulation 2011 | Cassowary Coast Regional Council | 1 January 2013 |\n| 15 | Industrial Relations Regulation 2011 | Central Highlands Regional Council | 1 January 2013 |\n| 16 | Industrial Relations Regulation 2011 | Charters Towers Regional Council | 1 January 2013 |\n| 17 | Industrial Relations Regulation 2011 | Cherbourg Aboriginal Shire Council | 1 January 2013 |\n| 18 | Industrial Relations Regulation 2011 | Cloncurry Shire Council | 1 January 2013 |\n| 19 | Industrial Relations Regulation 2011 | Cook Shire Council | 1 January 2013 |\n| 20 | Industrial Relations Regulation 2011 | Croydon Shire Council | 1 January 2013 |\n| 21 | Industrial Relations Regulation 2011 | Diamantina Shire Council | 1 January 2013 |\n| 22 | Industrial Relations Regulation 2011 | Doomadgee Aboriginal Shire Council | 1 January 2013 |\n| 23 | Industrial Relations Regulation 2011 | Etheridge Shire Council | 1 January 2013 |\n| 24 | Industrial Relations Regulation 2011 | Flinders Shire Council | 1 January 2013 |\n| 25 | Industrial Relations Regulation 2011 | Fraser Coast Regional Council | 1 January 2013 |\n| 26 | Industrial Relations Regulation 2011 | Gladstone Regional Council | 1 January 2013 |\n| 27 | Industrial Relations Regulation 2011 | Gold Coast City Council | 1 January 2013 |\n| 28 | Industrial Relations Regulation 2011 | Goondiwindi Regional Council | 1 January 2013 |\n| 29 | Industrial Relations Regulation 2011 | Gympie Regional Council | 1 January 2013 |\n| 30 | Industrial Relations Regulation 2011 | Hinchinbrook Shire Council | 1 January 2013 |\n| 31 | Industrial Relations Regulation 2011 | Hope Vale Aboriginal Shire Council | 1 January 2013 |\n| 32 | Industrial Relations Regulation 2011 | Ipswich City Council | 1 January 2013 |\n| 33 | Industrial Relations Regulation 2011 | Isaac Regional Council | 1 January 2013 |\n| 34 | Industrial Relations Regulation 2011 | Kowanyama Aboriginal Shire Council | 1 January 2013 |\n| 35 | Industrial Relations Regulation 2011 | Lockhart River Aboriginal Shire Council | 1 January 2013 |\n| 36 | Industrial Relations Regulation 2011 | Lockyer Valley Regional Council | 1 January 2013 |\n| 37 | Industrial Relations Regulation 2011 | Logan City Council | 1 January 2013 |\n| 38 | Industrial Relations Regulation 2011 | Longreach Regional Council | 1 January 2013 |\n| 39 | Industrial Relations Regulation 2011 | Mackay Regional Council | 1 January 2013 |\n| 40 | Industrial Relations Regulation 2011 | Mapoon Aboriginal Shire Council | 1 January 2013 |\n|  |  |  |  |\n| 41 | Industrial Relations Regulation 2011 | Maranoa Regional Council | 1 January 2013 |\n| 42 | Industrial Relations Regulation 2011 | McKinlay Shire Council | 1 January 2013 |\n| 43 | Industrial Relations Regulation 2011 | Moreton Bay Regional Council | 1 January 2013 |\n| 44 | Industrial Relations Regulation 2011 | Mornington Shire Council | 1 January 2013 |\n| 45 | Industrial Relations Regulation 2011 | Mount Isa City Council | 1 January 2013 |\n| 46 | Industrial Relations Regulation 2011 | Murweh Shire Council | 1 January 2013 |\n| 47 | Industrial Relations Regulation 2011 | Napranum Aboriginal Shire Council | 1 January 2013 |\n| 48 | Industrial Relations Regulation 2011 | North Burnett Regional Council | 1 January 2013 |\n| 49 | Industrial Relations Regulation 2011 | Northern Peninsula Area Regional Council | 1 January 2013 |\n| 50 | Industrial Relations Regulation 2011 | Palm Island Aboriginal Shire Council | 1 January 2013 |\n| 51 | Industrial Relations Regulation 2011 | Paroo Shire Council | 1 January 2013 |\n| 52 | Industrial Relations Regulation 2011 | Pormpuraaw Aboriginal Shire Council | 1 January 2013 |\n| 53 | Industrial Relations Regulation 2011 | Quilpie Shire Council | 1 January 2013 |\n| 54 | Industrial Relations Regulation 2011 | Redland City Council | 1 January 2013 |\n| 55 | Industrial Relations Regulation 2011 | Richmond Shire Council | 1 January 2013 |\n| 56 | Industrial Relations Regulation 2011 | Rockhampton Regional Council | 1 January 2013 |\n| 57 | Industrial Relations Regulation 2011 | Scenic Rim Regional Council | 1 January 2013 |\n| 58 | Industrial Relations Regulation 2011 | Somerset Regional Council | 1 January 2013 |\n| 59 | Industrial Relations Regulation 2011 | South Burnett Regional Council | 1 January 2013 |\n| 60 | Industrial Relations Regulation 2011 | Southern Downs Regional Council | 1 January 2013 |\n| 61 | Industrial Relations Regulation 2011 | Sunshine Coast Regional Council | 1 January 2013 |\n| 62 | Industrial Relations Regulation 2011 | Tablelands Regional Council | 1 January 2013 |\n| 63 | Industrial Relations Regulation 2011 | Toowoomba Regional Council | 1 January 2013 |\n| 64 | Industrial Relations Regulation 2011 | Torres Shire Council | 1 January 2013 |\n| 65 | Industrial Relations Regulation 2011 | Torres Strait Island Regional Council | 1 January 2013 |\n| 66 | Industrial Relations Regulation 2011 | Townsville City Council | 1 January 2013 |\n| 67 | Industrial Relations Regulation 2011 | Western Downs Regional Council | 1 January 2013 |\n| 68 | Industrial Relations Regulation 2011 | Whitsunday Regional Council | 1 January 2013 |\n| 69 | Industrial Relations Regulation 2011 | Winton Shire Council | 1 January 2013 |\n| 70 | Industrial Relations Regulation 2011 | Woorabinda Aboriginal Shire Council | 1 January 2013 |\n| 71 | Industrial Relations Regulation 2011 | Wujal Wujal Aboriginal Shire Council | 1 January 2013 |\n| 72 | Industrial Relations Regulation 2011 | Yarrabah Aboriginal Shire Council | 1 January 2013 |\n| 73 | Industrial Relations Regulation 2011 | Gold Coast Waterways Authority | 1 January 2013 |\n\n\nNote \n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by section 14(4)(a) of the Fair Work Act 2009: endorsing state declarations to exclude specified employers from the national system. There is no scope creep or expansion beyond this narrow administrative purpose."},"complexity_factors":["Single defined term ('Act') in the interpretation section","Straightforward tabular schedule listing 73 employers with identical effective dates","No conditional logic, exceptions, or cross-references beyond the basic empowering provision (Fair Work Act s 14(4)(a))","Mechanical administrative instrument with no substantive policy content beyond the list itself","No nested provisions or operative complexity—essentially a rubber-stamp of state declarations"],"plain_english_summary":"This instrument is the federal Workplace Relations Minister’s formal endorsement removing 73 Queensland local councils (and the Gold Coast Waterways Authority) from Australia’s national workplace relations system so they remain under Queensland’s industrial relations laws. It affects the listed councils’ employers and employees by keeping state awards, tribunals and minimum standards in place rather than the Fair Work Act framework, determining which rules and forum govern employment disputes and conditions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow coverage beyond the state declarations it endorses. It formally records and gives effect, from the dates in Schedule 1, to Queensland laws declaring the named employers not to be national system employers (s4, Schedule 1). The Endorsement therefore preserves state-law coverage for the listed entities rather than altering the substantive scope of who is subject to state versus national industrial regulation."},"complexity_factors":["Simple legal effect: ministerial endorsement of pre-existing state declarations rather than creation of new regulatory duties (s4).","Cross-reference dependency on the Fair Work Act (paragraph 14(4)(a)) and the Queensland Industrial Relations Regulation 2011 (Schedule 1).","Long schedule listing many separate employers (73 items) increases administrative tracking burden despite low doctrinal complexity (Schedule 1).","Uniform commencement date simplifies temporal effect but requires coordination between Commonwealth registration and state regulation (s2, s4(2)).","Limited discretion shown: instrument endorses specified state declarations rather than providing open-ended ministerial powers, reducing interpretive ambiguity."],"plain_english_summary":"This Endorsement records that Queensland has declared the listed local councils (and Gold Coast Waterways Authority) not to be \"national system employers\" under the Fair Work Act, and the endorsement takes effect 1 January 2013 (s2, s4, Schedule 1). Mechanically, it keeps those employers under Queensland industrial law rather than the national system; the Minister gives formal effect to the state declarations (s4). Resulting obligations, enforcement and compliance costs remain governed by the state regulation cited (Industrial Relations Regulation 2011)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-a-national-system-employer-endorsement-2012-no-3/documents"}}