Some employees in Australia are not covered by the Fair Work system. They're known as non-national system employees.
The Fair Work Act 2009 extends the following entitlements to non-national system employees:
- protection from unlawful termination
- unpaid parental leave and related entitlements under the National Employment Standards (NES)
- notice of dismissal or payment in lieu of notice under the NES
- prohibition on sexual harassment.
- paid family and domestic violence leave under the NES (from 9 June 2024).
For more information on who's covered by the Fair Work system see The Fair Work system page and Sole traders in Western Australia with employees in different states or territories
References
Fair Work Amendment (Paid Family and Domestic Leave) Act 2022- s757B extends the entitlement to paid family and domestic violence leave to non-national system employees, effective from 9 June 2024.
What is a national system employer? This page on the Fair Work Commission's website includes a map showing who is included by state or territory.
What to do next
- Find out about Employee entitlements
- Find out about Awards & agreements
- Complete a course in our Online learning centre
- Find out about Other workplace relations help
