Sunday, 27 October 2019

Unfair Dismissal appeal rights and coverage of national workplace relations laws in Fair Work Commission

A national system employee is an individual employed by a national system employer.(1)

A national system employer is an employer covered and bound by the national workplace relations laws. Whether an employer is a national system employer depends on the location of the employment relationship (State or Territory) and, in some cases, the legal status and business of the employer. 

Who is covered by national workplace relations laws? 

The national workplace relations system covers: 

  • all employees in Victoria (with limited exceptions in relation to State public sector employees), the Northern Territory and the Australian Capital Territory 
  • all employees on Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands 
  • employees employed by private enterprise in New South Wales, Queensland, South Australia and Tasmania 
  • those employed by local government in Tasmania 
  • those employed by a constitutional corporation in Western Australia (including Pty Ltd companies) – this may include some local governments and authorities 
  • those employed by the Commonwealth or a Commonwealth authority, and 
  • waterside employees, maritime employees or flight crew officers in interstate or overseas trade or commerce.
National System Employee eligibility for unfair dismissal appeal in Fair Work Commission
Image source: Fair Work Commission website.

If you have a workplace issue, including potential unfair dismissal, workplace bullying or harassment issue arising from your current or past employment, please give Workers First a call to discuss your situation and options, FREE and confidentially.

References and citations
(1) Fair Work Act 2009 (Cth) s 13.

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