{"id":"F2024L01405","name":"Fair Work (State Declarations — employer not to be national system employer) Endorsement (No. 2) 2024","slug":"fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105424,"registerId":"commonwealth-F2024L01405-current","compilationNumber":null,"startDate":"2026-04-03","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. 2) 2024","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nFair Work (State Declarations — employer not to be national system employer) Endorsement (No. 2) 2024\n\nFair Work Act 2009\n\nI, Murray Watt, Minister for Employment and Workplace Relations, make this Endorsement under paragraph 14(4)(a) of the Fair Work Act 2009.\n\nDated 31 October 2024\n\nMurray Watt\n\nMinister for Employment and Workplace Relations\n\nContents\n\n1 Name of Endorsement 3\n\n2 Commencement 3\n\n3 Definition 3\n\n4 Endorsement of State Declaration 3\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 (No. 2) 2024.\n\n2 Commencement\n\nThis Endorsement commences on the day after it is registered on the Federal Register of Legislation.\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 4 October 2024 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 9A(1))\n\nEmployer\n\nThe Pavilion: Performing Arts Centre Sutherland Limited\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 administrative function intended by section 14(4)(a) of the Fair Work Act 2009 — endorsing state declarations to exclude specific employers from the national system. There is no expansion beyond this original purpose."},"complexity_factors":["Extremely short instrument (4 sections plus schedule)","Only 1 defined term ('Act')","Single operative provision (section 4) that simply endorses an existing state declaration","No conditional logic, exceptions, or cross-references beyond the basic statutory citation","Schedule contains only one named employer","Mechanical administrative function — essentially a rubber-stamp of a state government decision"],"plain_english_summary":"The Minister for Employment has approved removing The Pavilion: Performing Arts Centre Sutherland Limited from the federal Fair Work Act 2009, so the employer will now fall under NSW state industrial relations laws instead of the national system. This changes which awards, tribunals and rules apply to the company’s employees, shifting dispute resolution and workplace rights from federal to state jurisdiction."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument simply endorses an existing New South Wales declaration as in force on 4 October 2024 that the listed employer is not a national system employer. It does not expand or narrow the list beyond Schedule 1 or change the legal effect of that declaration (see s4; Schedule 1)."},"complexity_factors":["Very narrow scope — names a single employer in Schedule 1 (Schedule 1).","Simple procedural mechanism — endorsement under paragraph 14(4)(a) of the Act (s4).","Date‑specific reference to the state declaration as in force on 4 October 2024 (s4) limits temporal ambiguity.","Legal effect limited to coverage shift (not substantive workplace rules) — it determines which system applies (s4; Schedule 1).","Low discretionary content — Minister endorses an existing state declaration rather than creating new obligations (s4).","Administrative commencement provision is straightforward (Commencement s2)."],"plain_english_summary":"This Endorsement under the Fair Work Act formally endorses a New South Wales declaration (as in force on 4 October 2024) that The Pavilion: Performing Arts Centre Sutherland Limited is not a national system employer. For Fair Work Act purposes this places that employer outside the federal (national) workplace relations system.\n\nConsequently the employer and its workers are governed by the NSW declaration rather than federal rules, changing which laws, compliance obligations and dispute processes apply (see s4; Schedule 1)."},"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-no-2-2024","history":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024/history","analysis":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024/analysis","conflicts":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024/conflicts","importantCases":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024/important-cases","documents":"/api/acts/fair-work-state-declarations-employer-not-to-be-national-system-employer-endorsement-no-2-2024/documents"}}