{"id":"F2017L00122","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement 2017 (No. 1)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95804,"registerId":"commonwealth-F2017L00122-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 2017 (No. 1)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2017 (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 6 February 2017\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 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 2017 (No. 1).\n\n2 Commencement\n\nThis Endorsement commences on 1 April 2017.\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 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 (NSW) | Sydney Cricket and Sports Ground Trust | 1 April 2017                  |\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.legislation.gov.au","sortOrder":0}],"analysis":{"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"},"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 a specific state declaration to exclude a named employer from the national system. There is no evidence of scope creep or expansion beyond this 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","Minimal operational provisions—essentially a one-page approval of a state declaration"],"plain_english_summary":"This 2017 ministerial instrument formally endorses a New South Wales declaration removing the Sydney Cricket and Sports Ground Trust from the federal Fair Work (national) system. As of 1 April 2017 the Trust — and its employees — fall under NSW state industrial relations law rather than the Fair Work Act.\n\nIt matters because it shifts which rules govern wages, conditions and disputes for the Trust’s workforce."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the categories of employers excluded from the national system; it simply endorses an existing New South Wales declaration that the Sydney Cricket and Sports Ground Trust is not a national system employer (see clause 4 and Schedule 1). Its effect is declaratory/administrative rather than a substantive change to the Fair Work Act's scope."},"complexity_factors":["Single, narrow operative effect: endorses one State declaration concerning one employer (Schedule 1, Part 1, Item 1).","Procedural instrument: does not create new substantive rights or obligations, only records endorsement under paragraph 14(4)(a) of the Fair Work Act (clause 4).","Clear commencement mechanics: instrument specifies commencement date (clause 2) and that the endorsement takes effect from that commencement (clause 4(2)).","Reliance on external State law: legal effect depends on a declaration under the Industrial Relations Act 1996 (NSW) listed in Schedule 1, creating inter-jurisdictional dependence.","Limited potential for interpretive uncertainty about cross-system status of employees, because the instrument merely endorses the State declaration rather than restating its grounds or scope (Schedule 1)."],"plain_english_summary":"This instrument endorses a New South Wales declaration that the Sydney Cricket and Sports Ground Trust is not a national system employer under the Fair Work Act. The endorsement takes effect on 1 April 2017.\n\nIt changes which industrial regime governs that employer and its workforce by recognising the State law exclusion — so the Trust and its employees will be subject to State, not national, workplace laws once the endorsement operates."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2017-no-1/documents"}}