{"id":"F2013L02116","name":"Fair Work (State Declarations - employer not to be national system employer) Endorsement 2013 (No. 3)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128255,"registerId":"commonwealth-F2013L02116-current","compilationNumber":null,"startDate":"2026-04-03","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. 3)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2013 (No.3)\n\nFair Work Act 2009\n\nI, ERIC ABETZ, Minister for Employment, make this Endorsement under paragraph 14 (4) (a) of the Fair Work Act 2009.\n\nDated 12 December 2013\n\nEric Abetz\n\nMinister for Employment\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 Queensland 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.3).\n\n2 Commencement\n\nThis Endorsement commences on 1 January 2014.\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 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) | Douglas Shire Council     | 1 January 2014                |\n| 2    | Industrial Relations Regulation 2011 (Qld) | Livingstone Shire Council | 1 January 2014                |\n| 3    | Industrial Relations Regulation 2011 (Qld) | Mareeba Shire Council     | 1 January 2014                |\n| 4    | Industrial Relations Regulation 2011 (Qld) | Noosa Shire Council       | 1 January 2014                |\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":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Endorsement gives effect to State declarations listed in Schedule 1 that specified employers are not national system employers (see section 4 and Schedule 1). It does not, on its face, broaden or alter the classes of employers beyond those state-declared items or change the Fair Work Act's mechanism for endorsement."},"complexity_factors":["Very narrow scope: lists only four named Queensland local government employers (Schedule 1).","Clear legal mechanism: endorsement made under paragraph 14(4)(a) of the Fair Work Act (section 4).","Fixed commencement date for effect (section 2 and Schedule 1 dates).","Administrative formality: Ministerial endorsement of state declarations, with limited statutory discretion shown in the instrument.","Inter-system interface: requires coordination between State declaration and Commonwealth endorsement to determine which industrial relations regime applies."],"plain_english_summary":"This instrument endorses State declarations (under paragraph 14(4)(a) of the Fair Work Act) that certain Queensland employers are not \"national system employers.\" It names four shire councils and makes that endorsement effective 1 January 2014. The Minister gives effect to state-made declarations, so the listed employers and their workers fall under Queensland industrial relations rules (not the national system), changing which laws they must comply with and which regulators/enforcement regimes apply."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function described in its title and enabling provision (Fair Work Act 2009, section 14(4)(a)): endorsing specific state declarations to exclude named employers from the national system. There is no scope creep or expansion beyond this specific administrative task."},"complexity_factors":["Very short instrument (4 sections plus a schedule table)","Only 1 defined term ('Act')","No nested exceptions or conditional logic—straightforward endorsement mechanism","Single cross-reference to Fair Work Act 2009, section 14(4)(a)","Schedule consists of a simple 4-row table with clear columns (law, employer, date)"],"plain_english_summary":"This instrument records the federal Employment Minister’s endorsement of Queensland declarations that Douglas, Livingstone, Mareeba and Noosa shire councils are not national system employers, removing them from coverage under the Fair Work Act 2009.  \n\nEffective 1 January 2014, those councils and their employees will instead fall under Queensland’s state industrial relations laws, finalising the jurisdictional transfer."},"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-3","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2013-no-3/documents"}}