What is the Fair Work Act and who does it apply to?

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What is the Fair Work Act and who does it apply to?

The Fair Work Act applies to people who are employed by employers who are defined in the Act as ‘National System Employers’. Some of these categories include:

• Commonwealth Government Employers

• Private sector employers in both Queensland and New South Wales

• All employers in Victoria and the ACT (with the exception of some high managerial public service positions)

It’s important to note that the state and local governments of Queensland and New South Wales are excluded from this system.

To use the benefit of the unfair dismissal provisions, an employee must meet the following criteria:

• For employers with more than 15 employees - at least 6 months employment

• For employers with less than 15 employers - at least 12 months employment