Referring state

In Australia, most states have chosen to hand over their authority to regulate workplace relations to the Commonwealth government. These states are known as referring states. This move allows for a more unified and consistent approach to workplace laws across the country. Western Australia is the exception, as it maintains its own system.

What referring states mean for employers

New South Wales, Victoria, Queensland, South Australia and Tasmania have referred their private sector workplace relations powers to the Commonwealth, so nearly all private employers there, including sole traders and partnerships, are in the national Fair Work system. Western Australia has not referred its powers, so only constitutional corporations there are in the national system. The territories are covered by the Commonwealth directly. For example, a Hobart partnership is covered by the Fair Work Act, while a Perth partnership is covered by Western Australian law.

Read our guide to the Fair Work Act.