{"id":"F2012L01651","name":"Fair Work (State Declarations - employer not to be national system employer) Endorsement 2012 (No. 2)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437671,"registerId":"F2012L01651-fast-fetch-1775954430068","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 2012 (No. 2)","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 \n \n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2012 (No. 2)\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 31 July 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. 2).\n\n2 Commencement\n\n This Endorsement commences on 1 August 2012.\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 (Qld) | Cairns and Hinterland Hospital and Health Service | 1 August 2012 |\n| 2 | Industrial Relations Regulation 2011 (Qld) | Cape York Hospital and Health Service
| 1 August 2012 |\n| 3 | Industrial Relations Regulation 2011 (Qld) | Central Queensland Hospital and Health Service | 1 August 2012 |\n| 4 | Industrial Relations Regulation 2011 (Qld) | Central West Hospital and Health Service
| 1 August 2012 |\n| 5 | Industrial Relations Regulation 2011 (Qld) | Children’s Health Queensland Hospital and Health Service | 1 August 2012 |\n| 6 | Industrial Relations Regulation 2011 (Qld) | Darling Downs Hospital and Health Service
| 1 August 2012 |\n| 7 | Industrial Relations Regulation 2011 (Qld) | Gold Coast Hospital and Health Service
| 1 August 2012 |\n| 8 | Industrial Relations Regulation 2011 (Qld) | Mackay Hospital and Health Service
| 1 August 2012 |\n| 9 | Industrial Relations Regulation 2011 (Qld) | Metro North Hospital and Health Service
| 1 August 2012 |\n| 10 | Industrial Relations Regulation 2011 (Qld) | Metro South Hospital and Health Service
| 1 August 2012 |\n| 11 | Industrial Relations Regulation 2011 (Qld) | North West Hospital and Health Service
| 1 August 2012 |\n| 12 | Industrial Relations Regulation 2011 (Qld) | South West Hospital and Health Service | 1 August 2012 |\n| 13 | Industrial Relations Regulation 2011 (Qld) | Sunshine Coast Hospital and Health Service
| 1 August 2012 |\n| 14 | Industrial Relations Regulation 2011 (Qld) | Torres Strait-Northern Peninsula Hospital and Health Service | 1 August 2012 |\n| 15 | Industrial Relations Regulation 2011 (Qld) | Townsville Hospital and Health Service
| 1 August 2012 |\n| 16 | Industrial Relations Regulation 2011 (Qld) | West Moreton Hospital and Health Service
| 1 August 2012 |\n| 17 | Industrial Relations Regulation 2011 (Qld) | Wide Bay Hospital and Health Service
| 1 August 2012 |\n\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\n \n\n \n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Endorsement does not expand or narrow the Fair Work Act generally; it simply endorses existing Queensland declarations that the listed Hospital and Health Services are not national system employers, effective 1 August 2012, thereby leaving those employers subject to state industrial law rather than the federal national system."},"complexity_factors":["Simple endorsement mechanism: ministerial endorsement of state declarations under paragraph 14(4)(a) of the Fair Work Act.","Fixed, single commencement date for all listed entities (1 August 2012).","Scope limited to a discrete list of named Queensland Hospital and Health Services (Schedule 1, 17 items).","Cross-jurisdictional effect: federal instrument recognises a state-law classification, requiring coordination between state and federal regimes.","No procedural detail in the instrument about criteria, review, or revocation—administrative simplicity but potential for classification disputes.","No new rights or obligations created beyond changing which jurisdiction’s industrial laws apply to the named employers."],"plain_english_summary":"This Endorsement records the federal minister’s approval of Queensland laws that declare certain named Hospital and Health Services are not “national system employers” under the Fair Work Act, effective 1 August 2012. It affects those listed public health employers and their employees by keeping their employment relations and compliance obligations under Queensland law rather than the Commonwealth national workplace system."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function described in its title and enabling provision (section 14(4)(a) of the Fair Work Act). It is a procedural endorsement of state declarations, with no expansion beyond the specific mechanism for excluding named employers from the national system."},"complexity_factors":["Very short instrument: only 4 operative sections plus a schedule table","Single defined term ('Act') in the interpretation section","No nested exceptions or conditional logic — operates as a straightforward tabular list","Cross-reference limited to one provision of the Fair Work Act (paragraph 14(4)(a))","Mechanical operation: minister simply endorses pre-existing state declarations listed in the schedule"],"plain_english_summary":"This instrument approves Queensland’s decision to remove 17 public Hospital and Health Services from the federal Fair Work Act, so they are no longer “national system employers” and remain subject to Queensland industrial laws. \n\nIt affects tens of thousands of public hospital staff—doctors, nurses and other workers—changing which awards, bargaining rules and dispute processes apply and shifting industrial oversight from federal to Queensland bodies."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2012-no-2/documents"}}