See Fair Work Act 2009 s.795
Some public sector employees are covered by the national system and others are specifically excluded.
The Fair Work Act sets the meaning of public sector employment as employment of, or service by, a person in any capacity (including but not limited to):
The following people are excluded from the national system (including but not limited to):
Referred states can also exclude persons from the national system.[4]
A member of the Northern Territory Police Force who has been dismissed may appeal to a Disciplinary Appeal Board against the action.[5]
Victoria has referred most of its State public sector and local government employees to the national system.[6] However, it has excluded the referral of matters related to persons employed as ‘executives’ and ‘Ministerial officers’ within the meaning of the Public Administration Act 2004 (Vic) ‘or persons employed at higher managerial levels in the public sector.’[7]
Victoria has also excluded the referral of matters related to the ‘termination of employment of law enforcement officers’.[8] A law enforcement officer means:
A member of the Victorian Police Force who has been dismissed by the Chief Commissioner may apply to an Appeals Board for review of the dismissal order.[10]
The following public sector employees have not been referred to (and are therefore excluded from) the national system:
Like Victoria, Tasmania has referred most of its local government employees to the national system.
See Fair Work Regulations 2009 (Cth) reg 6.08(2)
No civil contract of any kind is created with the Crown or the Commonwealth[15] as a result of:
An officer or enlisted member can make a complaint to their commanding officer regarding a termination decision.[16] An officer or enlisted member cannot make a complaint regarding the issue of a termination notice under Part VIIIA of the Defence Act 1903 (Cth) or under Part 2 of Chapter 9 of the Defence (Personnel) Regulations 2002 (Cth).[17]
[1] Fair Work Act s.795(4).
[2] Fair Work Regulations reg 6.08(2).
[3] Fair Work Regulations reg 6.08(3).
[4] Fair Work Act s.14(2)(b).
[5] Police Administration Act (NT) s.94.
[6] Fair Work (Commonwealth Powers) Act 2009 (Vic).
[7] Fair Work (Commonwealth Powers) Act 2009 (Vic) s.5(1).
[8] Fair Work (Commonwealth Powers) Act 2009 (Vic) s.5(2).
[9] Fair Work (Commonwealth Powers) Act 2009 (Vic) s.3.
[10] Police Regulation Act 1958 (Vic) s.68B.
[11] Industrial Relations (Commonwealth Powers) Act 2009 (NSW).
[12] Fair Work (Commonwealth Powers) and Other Provisions Act 2009 (Qld).
[13] Statutes Amendment (National Industrial Relations System) Act 2009 (SA).
[14] Industrial Relations (Commonwealth Powers) Act 2009 (Tas).
[15] Defence (Personnel) Regulations 2002 (Cth) reg 117; see for example C v Commonwealth of Australia [2015] FCAFC 113 (21 August 2015).
[16] Defence Force Regulations 1952 (Cth) reg 75.
[17] Defence Force Regulations 1952 (Cth) reg 75(2)(c).