{"id":"F2016L00086","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement 2016 (No. 2)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93975,"registerId":"commonwealth-F2016L00086-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. 2)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2016 (No. 2)\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 South Australia 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. 2).\n\n2 Commencement\n\nThis Endorsement commences on 1 March 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 South Australia not to be a national system employer\n\n| Item | Law of South Australia         | Employer                      | Date of effect of endorsement |\n| ---- | ------------------------------ | ----------------------------- | ----------------------------- |\n| 1    | Local Government Act 1999 (SA) | Eastern Region Alliance Water | 1 March 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":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the Fair Work Act's general coverage; it records and endorses a State-level declaration that a named employer is not a national system employer. Effect is purely to confirm state coverage for the specified employer from the commencement date (see section 4 and Schedule 1)."},"complexity_factors":["Narrow, single-entity scope: endorsement names one employer in Schedule 1 (Schedule 1, Part 1).","Statutory mechanism is straightforward: Minister uses the power in paragraph 14(4)(a) of the Fair Work Act to endorse a state declaration (see section 4(1) of the instrument).","Fixed commencement: instrument sets a clear operative date (section 2) and endorsement takes effect from commencement (section 4(2)).","Minimal administrative discretion: endorsement records an existing state declaration rather than creating new regulatory obligations (section 4).","Legal interaction risk limited but concrete: the instrument changes which jurisdiction's industrial laws apply to the named employer (instrument title and Schedule 1 referencing the Local Government Act 1999 (SA)).","Low compliance burden described: the practical compliance change falls on the employer and its employees (Schedule 1) rather than imposing ongoing reporting or regulatory duties on the Commonwealth."],"plain_english_summary":"This instrument endorses a South Australian declaration that Eastern Region Alliance Water is not a national system employer under the Fair Work Act 2009. It takes effect from 1 March 2016.\n\nThat means the employer and its employees remain covered by state industrial law rather than the federal national workplace system, which determines which workplace laws, awards and dispute processes apply."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow, technical function intended by section 14(4)(a) of the Fair Work Act 2009 — endorsing state declarations to exclude specific employers from the national system. It has not expanded beyond this original purpose."},"complexity_factors":["Extremely 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 exceptions","Straightforward tabular format in Schedule 1 presenting only one employer","Operates as a simple 'sign-off' mechanism for a pre-existing state declaration"],"plain_english_summary":"This instrument approves South Australia’s decision to exclude Eastern Region Alliance Water from Australia’s federal Fair Work system, so that employer and its employees are governed by South Australian industrial laws instead of the Fair Work Act 2009. It’s a narrow, technical clarification affecting only that local government water entity and its workforce, removing uncertainty about which jurisdiction applies."},"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-2016-no-2","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2016-no-2/documents"}}