{"id":"F2026L00414","name":"Fair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443237,"registerId":"F2026L00414-fast-fetch-1775958125953","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026\n\nI, Amanda Rishworth, Minister for Employment and Workplace Relations, make the following endorsement.\n\nDated  1 April 2026\n\nAmanda Rishworth\n\nMinister for Employment and Workplace Relations\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Endorsement of State Declaration\n\nSchedule 1— Employer declared by or under a law of South Australia not to be a national system employer              2\n\n \n\n1  Name\n\n  This instrument is the Fair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026.\n\n2  Commencement\n\n (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under paragraph 14(4)(a) of the Fair Work Act 2009.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Fair Work Act 2009.\n\n5  Endorsement of State Declaration\n\n  For paragraph 14(4)(a) of the Act, a declaration as in force on 15 January 2026 under subsection 28(5) of the Northern Parklands Act 2025 (SA) 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 South Australia not to be a national system employer\n\n(section 28(5))\n\nEmployer\n\nNorthern Parklands Trust\n\nNote\n\n1. 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\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"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 named employer from the national workplace relations system. There is no scope creep; it does not expand beyond the single employer listed in Schedule 1."},"complexity_factors":["Very short instrument (5 sections plus a single-item schedule)","Only 2 defined terms ('Act' and implicit references to the South Australian legislation)","Single operative provision (section 5) with straightforward conditional logic","No nested exceptions or complex cross-referencing beyond the basic statutory hook (Fair Work Act s 14(4)(a))","Mechanical implementation of a pre-existing state declaration rather than substantive policy creation"],"plain_english_summary":"This instrument is a federal endorsement of South Australia’s declaration that the Northern Parklands Trust will not be covered by the national workplace relations system.  \n\nAs a result, the Trust and its employees remain governed by South Australian industrial law rather than the Fair Work Act — affecting which wages, dismissal protections and bargaining rules apply."},"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":3,"scope_assessment":{"changed":false,"description":"The instrument does not broaden or repurpose the original state declaration. It solely endorses the South Australian declaration (as in force on 15 January 2026) that the Northern Parklands Trust is not a national system employer for the purposes of the Fair Work Act (see section 5 and Schedule 1). It confines effect to the named employer and the specific declared status; it does not itself extend the class of employers or alter underlying federal or state law definitions."},"complexity_factors":["Cross‑jurisdictional effect: endorses a state declaration (references Northern Parklands Act 2025 (SA) subsection 28(5)) rather than creating federal substantive rules (section 5).","Delegated/ministerial power: made by the Minister under paragraph 14(4)(a) of the Fair Work Act (section 3), creating administrative discretion to endorse state declarations.","Temporal specificity: endorsement applies to the declaration \"as in force on 15 January 2026\" (section 5), requiring precise timing of the state instrument.","Narrow, named scope: applies to a single listed entity (Northern Parklands Trust in Schedule 1), reducing breadth but increasing targeted legal consequences.","Instrument structure: very short instrument relying on external statutory terms (Fair Work Act and South Australian Act) and external instruments for operative effect.","Commencement mechanics: commencement tied to registration timing (section 2), introducing standard administrative sequencing."],"plain_english_summary":"This instrument formally endorses a South Australian declaration that the Northern Parklands Trust is not a \"national system employer\" under the Fair Work Act. Mechanically, it removes the Trust from the federal Fair Work system so that South Australian employment law, rather than the Fair Work Act, will govern that employer's employment relationships."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-1-2026/documents"}}