{"id":"F2016L00085","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement 2016 (No. 1)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93974,"registerId":"commonwealth-F2016L00085-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 2016 (No. 1)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2016 (No. 1)\n\nFair Work Act 2009\n\nI, MICHAELIA CASH, Minister for Employment, make this Endorsement under paragraph 14 (4) (a) of the Fair Work Act 2009.\n\nDated 29 / 1 / 2016\n\nMichaelia Cash\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 Declaration 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 2016 (No. 1).\n\n2 Commencement\n\nThis Endorsement commences on 8 February 2016.\n\n3 Definition\n\nIn this Endorsement:\n\n> Act means the Fair Work Act 2009.\n\n4 Endorsement of State Declaration\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 commencement of this instrument.\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) | Queensland Productivity Commission | 8 February 2016               |\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_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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: endorsing a specific state declaration to exclude a specific employer from the national workplace relations system. There is no scope creep or expansion beyond the original 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","Straightforward tabular format in Schedule 1 with only one entry","Mechanical operation: endorsement is automatic upon making the instrument"],"plain_english_summary":"This 2016 ministerial instrument formally endorses Queensland’s law removing the Queensland Productivity Commission from the national workplace relations system, so the Commission and its employees fall under Queensland state industrial laws rather than the Fair Work Act.  \n\nIt matters because it implements the federal step needed for a state to shift an employer out of federal workplace coverage, affecting who sets wages, conditions and dispute rules."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument narrows the Fair Work Act’s coverage as applied to the named employer by endorsing a State declaration that the Queensland Productivity Commission is not a national system employer (see s4 and Schedule 1). Effective 8 February 2016 (Commencement s2), this shifts regulatory responsibility for that employer from the Commonwealth national system to the Queensland industrial regime (Industrial Relations Regulation 2011 (Qld))."},"complexity_factors":["Very narrow scope: lists a single named employer (Queensland Productivity Commission) in Schedule 1, Part 1, Item 1.","Simple legal mechanism: a ministerial endorsement under paragraph 14(4)(a) of the Fair Work Act — implemented by section 4 of the instrument.","Clear commencement rule: instrument commences 8 February 2016 and endorsement takes effect from that commencement (see Commencement (s2) and s4(2)).","Depends on State law declaration: endorsement operates only because of a Queensland law (Industrial Relations Regulation 2011 (Qld)) referenced in Schedule 1.","Low administrative discretion: the instrument records an endorsement rather than creating new regulatory powers or tests; decision already made under State law and accepted by the Minister (s4(1)).","Legal consequence concentrated, implementation simple: few drafting complexities but concrete effect on which jurisdiction’s employment rules apply to the listed employer (Schedule 1)."],"plain_english_summary":"This instrument records the Commonwealth Minister’s endorsement of a Queensland law that declares the Queensland Productivity Commission is not a national system employer under the Fair Work Act. Made by the Minister for Employment and commencing 8 February 2016, it means that, for that employer, state industrial laws rather than the national Fair Work system govern employment relations, shifting which compliance rules and dispute forums apply."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-1/documents"}}