Small Employers Now to Join Federal System
You are here:In a late legislative rush, all States other than Western Australia will now join the federal IR system from 1 January 2010 after passage of State Government referral of powers laws.
The passage of state and federal legislation to effect referral of all state industrial relations powers, excluding WA, has now been completed, after a rush to meet the deadline of 1 January 2010. All private sector workers in Australia, except Western Australia, will now be covered by the Fair Work system and presumably by the new Federal award system.
The referral of powers by State Governments will bring small business and non-profit organisation employees under the national regime. Victoria has already effectively been under the federal system for some years now.
All states except Western Australia are expected to have matching referral legislation in place by the 1 January deadline -
- The New South Wales referral bill surprised many when it passed on 1 December. Details of the exact nature of the agreement have been sketchy.
- Queensland enacted its referral legislation on 19 November.
- South Australia and Tasmania have also passed referral laws which await assent.
State government employees will remain under State IR tribunals, as will other matters already excluded from the Fair Work Act such as OHS laws and workers compensation. It is understood Local Government will also stay in the State area, at least in NSW.
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