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State system employees

Information about state system employees.

  • This topic covers

    This topic covers

    This topic has information for NSW state system employees.

    State system employees are employees that work for a NSW government agency, a Local Council, or a NSW state government owned corporation.  

    The Fair Work Act 2009 (Cth), the national law, does not apply to state system employees.

Time limitAction
21 daysAfter your dismissal to apply for unfair dismissal. Dismissal can include a threat of dismissal. This means, in some circumstances, you may apply for unfair dismissal while you are still employed.
21 daysFrom the date you were dismissed to apply for unlawful termination.
Six monthsTo make a complaint of unlawful discrimination the Australian Human Rights Commission.
12 monthsTo make a complaint of unlawful discrimination to Anti-Discrimination NSW.

OrganisationResponsibilities
Anti-Discrimination NSWHears complaints about discrimination.
Australian Human Rights CommissionHears complaints about discrimination.
Chief Industrial Magistrate's CourtHears matters about unpaid wages or entitlements under certain circumstances. 
Fair Work CommissionHears matters about unlawful termination under certain circumstances. 
Industrial Relations CommissionYou may be eligible to apply for unfair dismissal with the Industrial Relations Commission if you are:
  • a state public sector employee or a local government employee
  • covered by a state industrial award or enterprise agreement or earn no more than $167,500 (as at 1 July 2023).

OrganisationFee
Industrial Relations Commission (IRC)You have to pay a filing fee if you make an unfair dismissal claim to the IRC.

OrganisationForms
Industrial Relations Commission (IRC)To make an unfair dismissal claim in the IRC you will need to complete Form 7A – Unfair Dismissal Application.

OrganisationTypeCosts
Industrial Relations Commission (IRC)Legal costs

There is no automatic right to a costs order in the IRC.

The IRC may only make a costs order:

  • against an applicant if it considers that an application was frivolous or vexatious, or
  • against a party to proceedings who, in the opinion of the Commission commenced proceedings without reasonable cause, or
  • against a party in unfair dismissal proceedings who, in the opinion of the Commission, unreasonably failed to agree to a settlement of the claim or whose application was frivolous or vexatious, or
  • in proceedings for a breach of an industrial instrument or the recovery of money under Chapter 7, as provided by sections s.357 and s.373 of the Industrial Relations Act 1996 .

The IRC also has a discretion as to whether and when a costs order should be made in these circumstances.

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Frequently Asked Questions

Frequently Asked Questions about employment law.

State system employees

Our services

Employment Law Service

This is a specialist service within Legal Aid NSW that provides free legal advice, assistance and representation for workers with employment law problems.

Respect at Work Legal Service

This service is a specialist state-wide service of Legal Aid NSW providing trauma-informed legal services to people who have experienced sexual harassment and/or discrimination.

More services

Redfern Legal Centre

Employment law service for employees anywhere in NSW.

Last updated: February 2024