{"id":"F2018L01622","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement 2018 (No.2)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98274,"registerId":"commonwealth-F2018L01622-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 2018 (No.2)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2018 (No.2)\n\nFair Work Act 2009\n\nI, Kelly O’Dwyer, Minister for Jobs and Industrial Relations, make this Endorsement under paragraph 14(4)(a) of the Fair Work Act 2009.\n\nDated 15 November 2018\n\nKelly O’Dwyer\n\nMinister for Jobs and Industrial Relations\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 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 2018 (No.2).\n\n2 Commencement\n\nThis Endorsement commences on 1 December 2018.\n\n3 Definition\n\nIn this Endorsement:\n\n> Act means the Fair Work Act 2009.\n\n4 Endorsement of State Declaration\n\nFor paragraph 14(4)(a) of the Act a declaration as in force on 12 October 2018 under the Industrial Relations Act 1996 (NSW) that an employer mentioned in Schedule 1 is not to be a national system employer for the purposes of the Act, is endorsed.\n\nSchedule 1 Employer declared by or under a law of New South Wales not to be a national system employer\n\n(section 4)\n\n| Employer                              |\n| ------------------------------------- |\n| Armidale Regional Council             |\n| Bayside Council                       |\n| Canterbury-Bankstown Council          |\n| Central Coast Council                 |\n| Cootamundra-Gundagai Regional Council |\n| Cumberland Council                    |\n| Dubbo Regional Council                |\n| Edward River Council                  |\n| Federation Council                    |\n| Georges River Council                 |\n| Hilltops Council                      |\n| Inner West Council                    |\n| Mid – Coast Council                   |\n| Murray River Council                  |\n| Murrumbidgee Council                  |\n| Northern Beaches Council              |\n| City of Parramatta Council            |\n| Queanbeyan-Palerang Regional Council  |\n| Snowy Monaro Regional Council         |\n| Snowy Valleys Council                 |\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://legislation.gov.au","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function intended by section 14(4)(a) of the Fair Work Act 2009 — endorsing state declarations that specific employers are excluded from the national system. The scope remains tightly limited to the 20 councils explicitly named."},"complexity_factors":["Very short instrument (4 sections plus schedule)","Only 1 defined term ('Act')","Single operative provision (section 4) with straightforward purpose","No nested exceptions or conditional logic","Simple tabular schedule listing 20 named employers","No cross-references beyond the enabling provision (Fair Work Act s 14(4)(a))"],"plain_english_summary":"This is a short legal instrument that removes 20 New South Wales local councils from Australia's national workplace relations system.\n\n**What it does:**\nUnder the Fair Work Act 2009, most Australian employers are covered by the national system (which sets minimum wages, conditions, and dispute resolution). However, states can declare that certain employers should stay under state industrial laws instead. This instrument \"endorses\" a declaration made by NSW that 20 specific local councils are **not** national system employers.\n\n**Who it affects:**\nThe 20 councils listed in Schedule 1 — including Armidale Regional Council, Bayside Council, Canterbury-Bankstown Council, and others. Their employees will be covered by NSW state industrial laws rather than the federal Fair Work system.\n\n**Why it matters:**\nThis determines which set of workplace laws applies to thousands of council workers. If you're an employee of one of these councils, your minimum pay, unfair dismissal rights, and industrial disputes will be handled under NSW law, not federal law. For the councils, it means dealing with the NSW Industrial Relations Commission rather than the Fair Work Commission."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument merely endorses an existing state declaration and does not expand or alter the original scope of the Fair Work Act 2009 regarding national system employers."},"complexity_factors":["Very short instrument with only one substantive provision","Single defined term (Act)","No cross-references or conditional logic","Simple list of employers in a schedule"],"plain_english_summary":"This instrument endorses a New South Wales state declaration that the listed local councils (such as Armidale Regional Council, Bayside Council, etc.) are not national system employers under the Fair Work Act 2009. This means these councils are not covered by the national workplace relations system and instead remain under New South Wales state industrial relations laws. The endorsement takes effect from 1 December 2018."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2018-no-2/documents"}}