26Act excludes State or Territory industrial laws

26  Act excludes State or Territory industrial laws  (1) This Act is intended to apply to the exclusion of all State or Territory industrial laws so far as they would otherwise apply in relation to a national system employee or a national system employer.  (2) A State or Territory industrial law is:  (a) a general State industrial law; or  (b) an Act of a State or Territory that applies to employment generally and has one or more of the following as its main purpose or one or more of its main purposes:  (i) regulating workplace relations (including industrial matters, industrial activity, collective bargaining, industrial disputes and industrial action);  (ii) providing for the establishment or enforcement of terms and conditions of employment;  (iii) providing for the making and enforcement of agreements (including individual agreements and collective agreements), and other industrial instruments or orders, determining terms and conditions of employment;  (iv) prohibiting conduct relating to a person’s membership or non‑membership of an industrial association;  (v) providing for rights and remedies connected with the termination of employment;  (vi) providing for rights and remedies connected with conduct that adversely affects an employee in his or her employment; or  (c) a law of a State or Territory that applies to employment generally and deals with leave (other than long service leave or leave for victims of crime); or  (d) a law of a State or Territory providing for a court or tribunal constituted by a law of the State or Territory to make an order in relation to equal remuneration for work of equal or comparable value; or  (e) a law of a State or Territory providing for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair; or  (f) a law of a State or Territory that entitles a representative of a trade union to enter premises; or  (g) an instrument made under a law described in paragraph (a), (b), (c), (d), (e) or (f), so far as the instrument is of a legislative character; or  (h) either of the following:  (i) a law that is a law of a State or Territory;  (ii) an instrument of a legislative character made under such a law;   that is prescribed by the regulations.  (3) Each of the following is a general State industrial law:  (a) the Industrial Relations Act 1996 of New South Wales;  (b) the Industrial Relations Act 1999 of Queensland;  (c) the Industrial Relations Act 1979 of Western Australia;  (d) the Fair Work Act 1994 of South Australia;  (e) the Industrial Relations Act 1984 of Tasmania.  (4) A law or an Act of a State or Territory applies to employment generally if it applies (subject to constitutional limitations) to:  (a) all employers and employees in the State or Territory; or  (b) all employers and employees in the State or Territory except those identified (by reference to a class or otherwise) by a law of the State or Territory. For this purpose, it does not matter whether or not the law also applies to other persons, or whether or not an exercise of a power under the law affects all the persons to whom the law applies.