Previous Page

State system employees

Information about New South Wales state system employees.

  • This topic covers

    This topic has information for New South Wales state system employees.

    State system employees are employees that work for a New South Wales government agency, a Local Council, or a New South Wales 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.
12 monthsTo make a complaint of unlawful discrimination to the Australian Human Rights Commission.
12 monthsTo make a complaint of unlawful discrimination to Anti-Discrimination NSW.

Organisations

OrganisationResponsibilities
Anti-Discrimination New South WalesHears 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 Court of NSWHears disputes about work health and safety matters, registration of industrial organisations, conciliation and arbitration of wage claims for public sector workers.
Industrial Relations Commission of New South WalesYou may be eligible to apply for unfair dismissal with the Industrial Relations Commission of New South Wales 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 $175,000 per year (as at 1 July 2024).

OrganisationResponsibilities
Anti-Discrimination New South WalesAnti-Discrimination NSW investigates complaints of discrimination in NSW. They provide information on discrimination and help parties to resolve their discrimination complaints where possible.
Australian Human Rights CommissionThe Australian Human Rights Commission protects and promotes human rights in Australia. It can investigate complaints about discrimination and breaches of human rights.
National system employeeAn employee covered by the Fair Work Act 2009 (Cth). It excludes most State government and local government employees, including employees working in the NSW public service, for a Local Council, or a state-owned corporation.
Unlawful discriminationWhen someone is treated differently because of a particular ground (for example, their sex (including transgender), race, age, sexual preference, disability or illness, marital status or pregnancy and family or carers responsibilities) in a particular area (for example, work, education, accommodation, in the provision of goods and services).
Unfair dismissalWhen an employee’s employment is terminated and this is harsh, unjust or unreasonable.

OrganisationFee
Industrial Court of NSWThere are filing fees. For more information, see Fees on the IRC website.
Industrial Relations Commission (IRC)You have to pay a filing fee if you make an unfair dismissal claim to the IRC.

OrganisationForms
Industrial Court of NSWSee Industrial Court Forms on the IRC website.
Industrial Relations Commission of New South Wales (IRC)To make an unfair dismissal claim in the IRC you will need to complete Form 7A – Unfair Dismissal Application. See Industrial Relations Commission Forms on the IRC website.

OrganisationTypeCosts
Industrial Relations Commission of New South Wales (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 IRC commenced proceedings without reasonable cause, or
  • against a party in unfair dismissal proceedings who, in the opinion of the IRC, 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.

Frequenly Asked Questions

State system employees FAQs

Frequently Asked Questions about state system employees.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

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.

Last updated: December 2024