{"id":"F2013L01161","name":"Fair Work (State Declarations - employer not to be national system employer) Endorsement 2013 (No. 1)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":90958,"registerId":"commonwealth-F2013L01161-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (State Declarations - employer not to be national system employer) Endorsement 2013 (No. 1)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2013 (No.1)\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 24 June 2013\n\nWilliam Richard Shorten\n\nMinister for Employment and Workplace Relations\n\nContents\n\n1 Name of Endorsement 2\n\n2 Commencement 2\n\n3 Definition 2\n\n4 Endorsement of State Declarations 2\n\nSchedule 1 Employer declared by or under a law of a State not to be a national system employer 3\n\nPart 1 Employer declared by or under a law of New South Wales not to be a national system employer 3\n\n1 Name of Endorsement\n\nThis Endorsement is the Fair Work (State Declarations — employer not to be national system employer) Endorsement 2013 (No.1).\n\n2 Commencement\n\nThis Endorsement commences on 1 July 2013.\n\n3 Definition\n\nIn this Endorsement:\n\n> Act 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 New South Wales not to be a national system employer\n\n| Item | Law of New South Wales        | Employer                              | Date of effect of endorsement |\n| ---- | ----------------------------- | ------------------------------------- | ----------------------------- |\n| 1    | Industrial Relations Act 1996 | Moree Artesian Aquatic Centre Limited | 1 July 2013                   |\n|      |                               |                                       |                               |\n\n> Note\n\n> Note: 1. 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","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow, specific function described in its title and enabling provision (section 14(4)(a) of the Fair Work Act 2009). It endorses one state declaration for one employer. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short instrument (4 sections plus a single-item schedule)","Only 1 defined term ('Act')","Single cross-reference to Fair Work Act 2009, section 14(4)(a)","No conditional logic or nested exceptions","Schedule contains only one table entry covering one specific employer","Straightforward purpose: ministerial endorsement of a single state declaration"],"plain_english_summary":"This 2013 instrument by the federal Minister for Employment and Workplace Relations formally endorses a New South Wales declaration removing Moree Artesian Aquatic Centre Limited from the national workplace relations system under the Fair Work Act 2009. As a result, that employer and its employees are governed by NSW industrial law rather than federal Fair Work rules, changing applicable minimum conditions, dismissal rules, and dispute processes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not broaden or narrow the class of affected employers beyond the state-declared item in Schedule 1. It simply records ministerial endorsement of the NSW declaration for the named employer, leaving applicable law and regulatory responsibility with the NSW system as declared."},"complexity_factors":["Very narrow scope: names a single employer (Moree Artesian Aquatic Centre Limited) in Schedule 1.","Cross-reference to federal statute: endorsement operates under paragraph 14(4)(a) of the Fair Work Act 2009, requiring legal linkage to that provision.","Relies on a State law declaration (Industrial Relations Act 1996, NSW) for substantive effect — interjurisdictional dependency.","Fixed commencement date (1 July 2013) reduces temporal complexity.","Administrative formality: Ministerial endorsement is procedural but determinative of which regulatory regime applies."],"plain_english_summary":"This Endorsement accepts a New South Wales declaration that *Moree Artesian Aquatic Centre Limited* is not a “national system employer” under the Fair Work Act 2009, so the employer remains subject to NSW industrial law rather than the federal system. It takes effect on 1 July 2013 and is made under paragraph 14(4)(a) of the Act. Mechanically, the Minister’s endorsement allocates regulatory responsibility and leaves compliance costs and oversight with the employer and the NSW regulator."},"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-national-system-employer-endorsement-2013-no-1","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-1/documents"}}