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Which industrial relations system applies to your workplace?

In 2006, the federal government made laws that resulted in substantial changes to the industrial relations rules that apply to employers and employees in NSW.

Further changes were made to the federal industrial relations system by the current federal government which commenced in March 2008.   Further changes will be implemented in 2010.

All NSW employers and employees need to know whether the federal or NSW state industrial relations system applies to their workplace, and their rights and responsibilities under these laws.

NSW jurisdiction

If the employer is a sole trader or a partnership, this means that they are unincorporated and the employment relationship does not involve a constitutional corporation.

NSW industrial relations laws continue to apply and the information on this website is applicable to your workplace.

Return to OIR homepage

Federal jurisdiction

Federal industrial relations laws apply to all employers defined as 'constitutional corporations', generally known as Pty Ltd or Ltd companies.

A constitutional corporation is a body incorporated under an Australian law and engaged in, or substantially engaged in, trading or financial activities.  Generally, these are companies which carry out commercial activities with a view to earning revenue.  Incorporated associations and co-operatives may also be constitutional corporations if they have trading or financial activities.

For more information about federal workplace arrangements, go to the federal Workplace Ombudsman [please note: this link will take you out of the Office of Industrial Relations website].