{"id":"nsw:sl-2009-0634","name":"Industrial Relations (National System Employers) Order 2009","slug":"industrial-relations-national-system-employers-order-2009","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"634 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178290,"registerId":"nsw-nsw:sl-2009-0634-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Industrial Relations (National System Employers) Order 2009](/view/html/inforce/current/sl-2009-0634).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 1 January 2010 and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declaration of non-national system employers","content":"#### 3 Declaration of non-national system employers\n\n3 Declaration of non-national system employers\n\n> In accordance with section 9A of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), the employers listed in Schedule 1 are declared not to be national system employers for the purposes of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":2},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Non-national system employers","content":"# Schedule 1 Non-national system employers\n\nSchedule 1 Non-national system employers\n\n(Clause 3)\n\n**sch 1:** Am 2011 (92), cl 3; 2013 (322), cl 3; 2015 (543), cl 3; 2016 (812), cl 3; 2018 (300), cl 3; 2018 (583), Sch 1 \\[1\\] \\[2\\]; 2018 (769), cl 3; 2024 (8), Sch 1; 2024 No 49, Sch 5.2; 2024 (511), Sch 1.","sortOrder":3},{"sectionNumber":"Part 1","sectionType":"part","heading":"State bodies","content":"# Part 1 State bodies\n\nPart 1 State bodies\n\nInsurance and Care NSW\n\nLandcom","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Councils","content":"# Part 2 Councils\n\nPart 2 Councils\n\nAlbury City Council\n\nArmidale Regional Council\n\nBallina Shire Council\n\nBalranald Shire Council\n\nBathurst Regional Council\n\nBayside Council\n\nBega Valley Shire Council\n\nBellingen Shire Council\n\nBerrigan Shire Council\n\nBlacktown City Council\n\nBland Shire Council\n\nBlayney Shire Council\n\nBlue Mountains City Council\n\nBogan Shire Council\n\nBourke Shire Council\n\nBrewarrina Shire Council\n\nBroken Hill City Council\n\nBurwood Council\n\nByron Shire Council\n\nCabonne Shire Council\n\nCamden Council\n\nCampbelltown City Council\n\nCity of Canada Bay Council\n\nCanterbury-Bankstown Council\n\nCarrathool Shire Council\n\nCentral Coast Council\n\nCentral Darling Shire Council\n\nCessnock City Council\n\nClarence Valley Council\n\nCobar Shire Council\n\nCoffs Harbour City Council\n\nCoolamon Shire Council\n\nCoonamble Shire Council\n\nCootamundra-Gundagai Regional Council\n\nCowra Shire Council\n\nCumberland Council\n\nDubbo Regional Council\n\nDungog Shire Council\n\nEdward River Council\n\nEurobodalla Shire Council\n\nFairfield City Council\n\nFederation Council\n\nForbes Shire Council\n\nGeorges River Council\n\nGilgandra Shire Council\n\nGlen Innes Severn Council\n\nGoulburn Mulwaree Council\n\nGreater Hume Shire Council\n\nGriffith City Council\n\nGunnedah Shire Council\n\nGwydir Shire Council\n\nHawkesbury City Council\n\nHay Shire Council\n\nThe Hills Shire Council\n\nHilltops Council\n\nThe Council of the Shire of Hornsby\n\nThe Council of the Municipality of Hunters Hill\n\nInner West Council\n\nInverell Shire Council\n\nJunee Shire Council\n\nKempsey Shire Council\n\nThe Council of the Municipality of Kiama\n\nKu-ring-gai Council\n\nKyogle Council\n\nLachlan Shire Council\n\nLake Macquarie City Council\n\nLane Cove Municipal Council\n\nLeeton Shire Council\n\nLismore City Council\n\nCity of Lithgow Council\n\nLiverpool City Council\n\nLiverpool Plains Shire Council\n\nLockhart Shire Council\n\nMaitland City Council\n\nMid-Coast Council\n\nMid-Western Regional Council\n\nMoree Plains Shire Council\n\nMosman Municipal Council\n\nMurray River Council\n\nMurrumbidgee Council\n\nMuswellbrook Shire Council\n\nNambucca Shire Council\n\nNarrabri Shire Council\n\nNarrandera Shire Council\n\nNarromine Shire Council\n\nNewcastle City Council\n\nNorth Sydney Council\n\nNorthern Beaches Council\n\nOberon Council\n\nOrange City Council\n\nParkes Shire Council\n\nCity of Parramatta Council\n\nPenrith City Council\n\nPort Macquarie-Hastings Council\n\nPort Stephens Council\n\nQueanbeyan-Palerang Regional Council\n\nRandwick City Council\n\nRichmond Valley Council\n\nRyde City Council\n\nShellharbour City Council\n\nShoalhaven City Council\n\nSingleton Council\n\nSnowy Monaro Regional Council\n\nSnowy Valleys Council\n\nStrathfield Municipal Council\n\nSutherland Shire Council\n\nCouncil of the City of Sydney\n\nTamworth Regional Council\n\nTemora Shire Council\n\nTenterfield Shire Council\n\nTweed Shire Council\n\nUpper Hunter Shire Council\n\nUpper Lachlan Shire Council\n\nUralla Shire Council\n\nWagga Wagga City Council\n\nWalcha Council\n\nWalgett Shire Council\n\nWarren Shire Council\n\nWarrumbungle Shire Council\n\nWaverley Council\n\nWeddin Shire Council\n\nWentworth Shire Council\n\nWilloughby City Council\n\nWingecarribee Shire Council\n\nWollondilly Shire Council\n\nWollongong City Council\n\nWoollahra Municipal Council\n\nYass Valley Council","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"County councils","content":"# Part 3 County councils\n\nPart 3 County councils\n\nCastlereagh-Macquarie County Council\n\nCentral Murray County Council\n\nCentral Tablelands County Council\n\nGoldenfields Water County Council\n\nHawkesbury River County Council\n\nNew England Tablelands (Noxious Plants) County Council\n\nRiverina Water County Council\n\nRous County Council\n\nUpper Hunter County Council\n\nUpper Macquarie County Council","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Subsidiaries etc of councils","content":"# Part 4 Subsidiaries etc of councils\n\nPart 4 Subsidiaries etc of councils\n\nBlacktown Venue Management Ltd\n\nCentrepoint-Blayney Ltd\n\nHunter Integrated Resources\n\nJunee Junction Ltd\n\nKimbriki Environmental Enterprises Pty Ltd\n\nMoree Artesian Aquatic Centre Limited\n\nMurray Art Museum Albury Limited\n\nNewcastle Airport Ltd\n\nNutcote Trust Pty Ltd\n\nSouthern Water Services Pty Ltd\n\nThe Pavilion: Performing Arts Centre Sutherland Limited","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"Other","content":"# Part 5 Other\n\nPart 5 Other\n\nSydney Cricket and Sports Ground Trust","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Joint organisations","content":"# Part 6 Joint organisations\n\nPart 6 Joint organisations\n\nCanberra Region Joint Organisation\n\nCentral NSW Joint Organisation\n\nFar North West Joint Organisation\n\nFar South West Joint Organisation\n\nHunter Joint Organisation\n\nIllawarra Shoalhaven Joint Organisation\n\nMid North Coast Joint Organisation\n\nNamoi Joint Organisation\n\nNew England Joint Organisation\n\nNorthern Rivers Joint Organisation\n\nOrana Joint Organisation\n\nRiverina and Murray Joint Organisation\n\nRiverina Joint Organisation","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Schedule 1 has been amended repeatedly (amendment entries: 2011, 2013, 2015, 2016, 2018 and 2024 are recorded in the Schedule note), indicating the set of employers excluded from the Commonwealth system has been updated since the Order’s original enactment."},"complexity_factors":["Simple declaratory mechanism: clause 3 performs a clear legal declaration (list-based), not a rule-making or licensing regime.","Large, categorical schedule: many named entities across multiple categories (state bodies, councils, county councils, subsidiaries, joint organisations) increases administrative tracking for employers and regulators.","Interplay across jurisdictions: the Order changes which jurisdiction's industrial law applies (NSW vs Commonwealth), creating cross-system compliance and dispute-resolution interactions.","Amendment history noted in Schedule 1 (multiple years listed) indicates the list has been updated over time, creating a need to track historical as well as current status.","Low discretionary content: the Order itself contains no discretionary powers or novel regulatory tests — complexity comes from external laws whose applicability changes."],"plain_english_summary":"This Order declares specified NSW public employers to be `non‑national system employers` for the purposes of the Fair Work Act 2009, so those employers and their employees remain governed by NSW industrial law rather than the Commonwealth system (cl.3). It commenced on 1 January 2010 (cl.2).\n\nThat change shifts regulatory authority, compliance obligations and any cost or industrial‑relations risks to the listed employers and the NSW regulator; it determines which tribunal resolves disputes and which pay and entitlement rules apply."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 2009 Order appears to have been a simpler instrument, but the amendment history (spanning 2011–2024) shows significant expansion. The Schedule has been amended at least 11 times, adding new categories like 'Joint organisations' (Part 6) and expanding council subsidiaries (Part 4). The scope has grown from a basic list of state bodies and councils to include complex corporate structures, regional joint organisations, and various council-owned entities, reflecting the evolving structure of local government in NSW rather than a static definition of 'non-national system employers'."},"complexity_factors":["Extremely short operative provision: only one substantive clause (clause 3) with a simple declaratory function","No defined terms section — relies entirely on external definitions from the Fair Work Act 2009 and Industrial Relations Act 1996","No conditional logic, exceptions, or nested provisions","Structure is purely a list format (Schedule 1) with six descriptive parts","No cross-references within the instrument itself beyond the single reference to section 9A of the parent Act","Content is essentially a tabular list of employer names, making it functionally a lookup table rather than a regulatory scheme"],"plain_english_summary":"This Order is a piece of New South Wales (NSW) legislation that decides which employers in NSW stay under **state industrial relations laws** instead of falling under the **national Fair Work system**.\n\n**What it does:**\n- The Commonwealth's *Fair Work Act 2009* generally covers most private sector employers across Australia (the \"national system\").\n- However, NSW can declare certain employers to be **\"non-national system employers\"** — meaning they stay under NSW state industrial laws instead.\n- This Order lists those specific employers.\n\n**Who it affects:**\nThe Order lists over 150 specific employers across six categories:\n- **State bodies** (e.g., Insurance and Care NSW, Landcom)\n- **All NSW local councils** (from Albury to Yass Valley)\n- **County councils** (regional bodies that handle things like water or pest control across multiple council areas)\n- **Council-owned companies** (subsidiaries like Newcastle Airport Ltd and various venue management companies)\n- **Other bodies** (specifically the Sydney Cricket and Sports Ground Trust)\n- **Joint organisations** (regional alliances of councils)\n\n**Why it matters:**\nIf you're an employee of one of these listed employers, your workplace rights, minimum wages, and dispute resolution processes are governed by **NSW state industrial laws** (the *Industrial Relations Act 1996*), not the Commonwealth's *Fair Work Act*. This affects which tribunal hears your case (the NSW Industrial Relations Commission vs the Fair Work Commission), which awards apply, and what your minimum conditions are."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Order was originally made in December 2009, shortly after the Fair Work Act commenced, to define which NSW employers fell into the national system. Over 11 amendments spanning 15 years, the scope of employers covered appears to have expanded or been refined — reflecting changes in government policy, new industries, and structural shifts in how employment is organised in NSW. The frequency of amendments (particularly the cluster of updates in 2018 and again in 2024) suggests the scope has evolved meaningfully beyond the original 2009 intent."},"complexity_factors":["Requires understanding of the dual federal/state workplace relations system in Australia — a genuinely complex constitutional and legislative framework","The Order itself is not fully reproduced in the provided text, so the specific list of employers covered is not visible, making it hard to assess individual impact without accessing the full instrument","Has been amended 11 times over 15 years, meaning the current version can only be understood in the context of its amendment history","Interacts with multiple layers of law: the NSW Industrial Relations Act, the Commonwealth Fair Work Act, and constitutional division of powers","The practical effect (which system applies to you) has major downstream consequences across many other pieces of legislation and instruments","The distinction between 'national system employer' and other employers is not intuitively obvious to most people or small business owners"],"plain_english_summary":"This NSW Government Order lists which NSW employers are treated as \"national system employers,\" meaning their employees fall under federal workplace laws (like the Fair Work Act) rather than NSW state laws. \n\nThat classification matters to employers, employees, HR and legal advisers because it determines which rules govern pay, leave, dismissal rights and other employment conditions."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-national-system-employers-order-2009","history":"/api/acts/industrial-relations-national-system-employers-order-2009/history","analysis":"/api/acts/industrial-relations-national-system-employers-order-2009/analysis","conflicts":"/api/acts/industrial-relations-national-system-employers-order-2009/conflicts","importantCases":"/api/acts/industrial-relations-national-system-employers-order-2009/important-cases","documents":"/api/acts/industrial-relations-national-system-employers-order-2009/documents"}}