Employers

All employers in NSW have certain obligations or duties under common law, statutes and their accompanying regulations.

It is important that Employers understand their rights and responsibilities.

There are two industrial relations systems in NSW dealing with employment laws:

• the NSW state system; and
• the federal system.

Which industrial relations system covers my organisation?

The type of industrial arrangement that organisations employ staff under, depends on whether the organisation is incorporated (a company) or not incorporated (a sole trader or a partnership).

Those that are not incorporated will be working under the conditions of a NSW State award or enterprise agreement and the NSW Office of Industrial Relations can help you.

For more information contact us on 131 628.

For those that are incorporated (usually a Ltd or Pty Ltd company) they may be working under the conditions of a federal award or agreement. For more information visit the federal government's Fair Work Online website.

How can I check?

You can check which system an organisation falls under by using our search tool - State or Federal jurisdiction?

Who does this website help?

This website mainly provides information for employers who fall under the NSW state industrial relations system. The awards online facility allows employers to search for and check the details outlined in the award that covers their specific industry.

However some tools, such as the long service leave calculator and annual leave calculator, may also be useful even if an organisation falls under the federal system.

The NSW Industrial Relations Act 1996

The Act regulates employment in New South Wales by permitting the NSW Industrial Relations Commission to make awards and approve enterprise agreements specifying the conditions of employment for employees doing particular types of work.

Industrial awards set out legally enforceable terms and conditions of employment. Enterprise agreements, which are specific to a particular enterprise or project, also set out minimum conditions of employment.

NSW Industrial Relations administers the NSW Industrial Relations Act 1996 as well as other legislation dealing with employment matters.

To see all employer related legislation go to Employer related legislation.