{"id":"F2010L02108","name":"Fair Work (State Declarations - employer not to be national system employer) Endorsement 2010 (No. 1)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437501,"registerId":"F2010L02108-fast-fetch-1775954307358","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 national system employer) Endorsement 2010 (No. 1)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2010 (No. 1)\n\nFair Work Act 2009\n\nI, SIMON CREAN, Minister for Employment and Workplace Relations, make this Endorsement under paragraph 14 (4) (a) of the Fair Work Act 2009.\n\nDated 13 July     2010\n\n \n\nSimon Crean\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 South Australia 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  (No. 1).\n\n2 Commencement\n\n  This Endorsement commences on 15 July 2010.\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\n \n\n \n\nPart 1 Employer declared by or under a law of South Australia not to be a national system employer\n\n \n\n \n\n| Item | Law of South Australia | Employer | Date of effect of endorsement |\n| --- | --- | --- | --- |\n| 1 | Local Government Act 1999 | Fleurieu Regional Waste Authority | 15 July 2010 |\n|  |  |  |  |\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","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 14(4)(a) of the Fair Work Act 2009 – endorsing state declarations to exclude specific employers from the national system. There is no scope creep; it addresses a single employer as contemplated by the parent Act."},"complexity_factors":["Extremely short – only 4 substantive sections plus a single-item schedule","Only 1 defined term ('Act')","No nested exceptions or conditional logic – operates as a straightforward table lookup","Single cross-reference (to Fair Work Act 2009, section 14(4)(a))","Mechanical operation: if employer listed in Schedule 1, endorsement applies from date specified","Essentially a data table wrapped in legislative form"],"plain_english_summary":"This instrument gives federal endorsement to a South Australian law that removes the Fleurieu Regional Waste Authority from Australia’s national workplace relations system. As a result, the authority and its employees are excluded from the Fair Work Act and related federal protections, leaving them subject to South Australian industrial law instead. The instrument matters because federal endorsement is required to effect a state declaration keeping a public employer in the state system."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the overall statutory scope; it simply endorses an existing State declaration for a named employer (Fleurieu Regional Waste Authority) so that the employer remains outside the national system from 15 July 2010 (s4; Schedule 1). No broader categories or additional conditions are introduced."},"complexity_factors":["Cross-reference to the Fair Work Act 2009 paragraph 14(4)(a) for legal authority (s4)","Reliance on a State law declaration rather than creating substantive rights in the instrument (Schedule 1)","Single named employer scope reduces policy complexity but requires coordination between state and federal frameworks","Fixed commencement and effect date mechanics (Commencement s2; endorsement effect s4(2))","Ministerial administrative discretion to endorse under the Act (instrument formality)"],"plain_english_summary":"This Endorsement, made under paragraph 14(4)(a) of the Fair Work Act 2009, records that the Minister endorses a South Australian declaration that Fleurieu Regional Waste Authority is not a national system employer. The endorsement takes effect on 15 July 2010 (s4; Schedule 1).\n\nMechanically, the instrument keeps that employer under state industrial law rather than the national Fair Work system, so compliance, dispute routes and applicable employment rules remain those set by the State rather than the national regime."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2010-no-1/documents"}}