Fair Work (State Declarations - Employer Not To Be National System Employer) Endorsement (No. 1) 2026
Summary
The Australian Government issued a Fair Work legislative instrument endorsing state declarations that certain employers are not national system employers. This instrument, made under the Fair Work Act 2009 and effective 8 April 2026, confirms that specified state employers remain outside the national workplace relations system. The endorsement affects state government employment arrangements and jurisdictional coverage under Australian workplace law.
What changed
The instrument formally endorses state declarations under section 5, specifying which employers are not to be classified as national system employers. This creates a clear demarcation between state and national workplace relations coverage for affected employers.
State government employers and their HR/compliance teams must determine whether they fall under this endorsement, ensuring proper application of either state or national workplace relations legislation. Failure to correctly classify employment arrangements could result in jurisdictional disputes or compliance breaches under Australian employment law.
What to do next
- Verify whether your organisation is covered by this endorsement
- Confirm your status as a national system employer or state-based employer
- Update employment compliance documentation accordingly
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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Fair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026
In force This item is authorised by the following title:
- Fair Work Act 2009 Latest version F2026L00414 08 April 2026
View document Legislative instrument Explanatory statement Filter active Table of contents
- 1 Name
- 2 Commencement
- 3 Authority
- 4 Definitions
- 5 Endorsement of State Declaration
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