National system employee and national system employer

There are two systems of employment law in Western Australia: the national system and the state system. Sometimes the different systems of employment law are called “jurisdictions”. National system employees are generally covered by the federal Fair Work Act 2009 (Cth), whereas state system employees are generally covered by state laws. An employee will be a national system employee if he or she is employed by a constitutional corporation, the Commonwealth (national government) or a Commonwealth authority. These types of employers are known as national system employers.

There are some other less common situations where an employee may be a national system employee. For more information read our fact sheet National System Employee Or State System Employee Which One Are You or call the Fair Work Infoline on 13 13 94.

National system employees and employers are defined in sections 13 and 14 of the Fair Work Act 2009 (Cth).