{"id":"F2019L00125","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement 2019 (No.1)","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98749,"registerId":"commonwealth-F2019L00125-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 2019 (No.1)","content":"![](image.001.png)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement 2019 (No.1)\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 23 January 2019\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 2019 (No.1).\n\n2 Commencement\n\nThis Endorsement commences on 1 March 2019.\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 21 December 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| Far North West Joint Organisation |\n| Far South West Joint Organisation |\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":{"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Endorsement does not alter the set of employers affected; it simply endorses the NSW declaration as it stood on 21 December 2018 that the listed organisations are not national system employers (section 4, Schedule 1). It transfers regulatory coverage for those named employers to NSW law from the federal system, effective 1 March 2019 (clause 2)."},"complexity_factors":["Very narrow subject matter: applies only to two named employers listed in Schedule 1.","Single, simple legal mechanism: endorsement of a pre-existing NSW declaration (see section 4).","Cross-jurisdictional interaction between the Fair Work Act and the NSW Industrial Relations Act requires checking both instruments to determine applicable rules.","Temporal specificity: endorsement applies to the declaration \"as in force on 21 December 2018\", so legal effect depends on that snapshot.","Administrative formality: Ministerial action and fixed commencement date (clause 2) are required but create little procedural complexity.","Identification risk: employers are named by organisational title only, which may require extra steps to confirm legal identity for compliance and enforcement."],"plain_english_summary":"This Endorsement formally accepts a New South Wales declaration that two named organisations (listed in Schedule 1) are not \"national system employers\" under the Fair Work Act. Mechanically, endorsement (section 4) leaves industrial regulation for those employers with NSW law rather than the federal Fair Work system, affecting which rules apply to the employers and their workers. The instrument was made by the Minister and commences 1 March 2019 (clause 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function contemplated by section 14(4)(a) of the Fair Work Act 2009—endorsing state declarations that specific employers are not national system employers. There is no expansion beyond this original purpose."},"complexity_factors":["Extremely short instrument (4 sections plus a schedule table)","Only 1 defined term ('Act')","Single operative provision (section 4) with straightforward cross-reference to Fair Work Act 2009, paragraph 14(4)(a)","No conditional logic, exceptions, or nested provisions","Schedule contains a simple table listing only 2 employers","Performs a purely administrative/declaratory function without substantive rule-making"],"plain_english_summary":"This instrument gives federal approval to a New South Wales declaration that two regional local‑government bodies—the Far North West Joint Organisation and the Far South West Joint Organisation—are not \"national system employers.\" \n\nAs a result, those employers and their staff fall under NSW state industrial laws (not the federal Fair Work Act), changing the applicable workplace rules and dispute forum from federal bodies to NSW tribunals."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-2019-no-1/documents"}}