FAIR WORK ACT 2009 - SECT 26 Act excludes State or Territory industrial laws

FAIR WORK ACT 2009 - SECT 26

  (1)   This Act is intended to apply to the exclusion of all State or Territory industrial laws so far as they would otherwise apply in relation to a national system employee or a national system employer.

  (2)   A State or Territory industrial law is:

  (a)   a general State industrial law; or

  (b)   an Act of a State or Territory that applies to employment generally and has one or more of the following as its main purpose or one or more of its main purposes:

  (i)   regulating workplace relations (including industrial matters, industrial activity, collective bargaining, industrial disputes and industrial action);

  (ii)   providing for the establishment or enforcement of terms and conditions of employment;

  (iii)   providing for the making and enforcement of agreements (including individual agreements and collective agreements), and other industrial instruments or orders, determining terms and conditions of employment;

  (iv)   prohibiting conduct relating to a person's membership or non - membership of an industrial association;

  (v)   providing for rights and remedies connected with the termination of employment;

  (vi)   providing for rights and remedies connected with conduct that adversely affects an employee in his or her employment; or

  (c)   a law of a State or Territory that applies to employment generally and deals with leave (other than long service leave or leave for victims of crime); or

  (d)   a law of a State or Territory providing for a court or tribunal constituted by a law of the State or Territory to make an order in relation to equal remuneration for work of equal or comparable value; or

  (e)   a law of a State or Territory providing for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair; or

  (f)   a law of a State or Territory that entitles a representative of a trade union to enter premises; or

  (g)   an instrument made under a law described in paragraph   (a), (b), (c), (d), (e) or (f), so far as the instrument is of a legislative character; or

  (h)   either of the following:

  (i)   a law that is a law of a State or Territory;

  (ii)   an instrument of a legislative character made under such a law;

    that is prescribed by the regulations.

  (3)   Each of the following is a general State industrial law :

  (a)   the Industrial Relations Act 1996 of New South Wales;

  (b)   the Industrial Relations Act 1999 of Queensland;

  (c)   the Industrial Relations Act 1979 of Western Australia;

  (d)   the Fair Work Act 1994 of South Australia;

  (e)   the Industrial Relations Act 1984 of Tasmania.

  (4)   A law or an Act of a State or Territory applies to employment generally if it applies (subject to constitutional limitations) to:

  (a)   all employers and employees in the State or Territory; or

  (b)   all employers and employees in the State or Territory except those identified (by reference to a class or otherwise) by a law of the State or Territory.

For this purpose, it does not matter whether or not the law also applies to other persons, or whether or not an exercise of a power under the law affects all the persons to whom the law applies.