Fair Work (State Declarations — Employer Not To Be National System Employer) Endorsement (No. 1) 2026

Overview

The Fair Work (State Declarations – Employer Not To Be National System Employer) Endorsement (No. 1) 2026 was enacted to endorse a declaration that the Northern Parklands Trust in South Australia is not considered a national system employer under the Fair Work Act 2009. This endorsement ensures that the Trust, established for public purposes to manage the Northern Parklands, will be governed by South Australian workplace relations laws rather than the federal Fair Work Act. This approach recognises the integral role of certain entities within State and Territory government administration and aims to appropriately regulate their employment relationships under state laws. The endorsement is made under the authority of the Minister for Employment and Workplace Relations and is intended to provide certainty for the employment arrangements that apply to the Trust and its employees. The endorsement signifies that the Trust, and its employees, will not generally be subject to the Fair Work Act, which governs national system employers and employees. However, certain provisions of the Fair Work Act, such as those relating to unlawful termination of employment, notice of termination, parental leave, and paid family and domestic violence leave, will continue to apply to the Trust and its employees. This endorsement ensures that the Trust’s employees are protected under these specific federal provisions, while the broader employment arrangements are managed under state legislation.

Scope and Application

The Fair Work (State Declarations – Employer Not To Be National System Employer) Endorsement (No. 1) 2026 applies to the Northern Parklands Trust, a statutory trust established under the Northern Parklands Act 2025 in South Australia. This endorsement, made under the Fair Work Act 2009, recognises that the Trust is not a national system employer, thereby exempting it from the Fair Work Act's regulations. This exclusion recognises that the Trust is integral to the state's public administration and its employment relationships are better regulated under South Australian laws. The endorsement ensures that the Trust's employees are not subject to the Fair Work Act, except for specific provisions such as those concerning unlawful termination of employment, notice of termination, parental leave, and paid family and domestic violence leave, which apply universally. This legislative instrument is not subject to disallowance or sunsetting, ensuring ongoing certainty for the Trust's employment arrangements.

Key Provisions

The main operative sections of this endorsement are subsections 14(2), 14(4)(a), and 14(6) of the Fair Work Act 2009, which allow for the exclusion of certain employers from the national system. Section 14(2) of the Act provides that a particular employer is not a national system employer if it is declared as such by or under a law of a State or Territory and a written endorsement by the Minister administering the Fair Work Act is in force in relation to the employer. This endorsement under section 14(4)(a) of the Act recognises that certain entities are integral to State, Territory and local government administration and their employment relationships may be appropriately regulated by the States and Territories. Additionally, section 14(6) of the Fair Work Act outlines the criteria that must be met for an employer to be excluded from the national system. The endorsement ensures that the Northern Parklands Trust, as a declared employer, will not be subject to the Fair Work Act and will instead be governed by South Australian workplace relations laws. This exclusion applies to both the employer and its employees, except for certain provisions of the Fair Work Act that apply to all employers and employees, such as those related to unlawful termination of employment and leave entitlements. The endorsement imposes obligations and requirements on the Northern Parklands Trust and its employees. Firstly, the Trust must adhere to the workplace relations arrangements under South Australian laws, as it is no longer subject to the Fair Work Act. This means that any employment-related matters, such as disputes or grievances, will be resolved according to the laws of South Australia rather than the national system. Additionally, the Trust must ensure that its employees are aware of the change in governing legislation and that they understand the implications for their employment rights and obligations. The endorsement also requires the Trust to comply with any relevant South Australian workplace relations laws and regulations that apply to its operations and employees. Breaches of the Fair Work Act, including the endorsement, can result in civil and criminal penalties. The maximum penalties for contravening the Act can vary depending on the specific provision breached. For example, section 546 of the Fair Work Act imposes a maximum penalty of 120 penalty units ($22,260) for an individual and 600 penalty units ($111,300) for a corporation for offences related to contraventions of the Act. Additionally, section 547 of the Act imposes a maximum penalty of 540 penalty units ($99,180) for an individual and 2,700 penalty units ($495,900) for a corporation for offences related to serious contraventions of the Act. It is important for the Northern Parklands Trust and its employees to be aware of their rights and obligations under the endorsement and to ensure compliance with relevant South Australian workplace relations laws to avoid any potential penalties or consequences.