Who is covered by the Workplace Relations Act?

The Workplace Relations Act 1996 (Cth) applies to an extensive range of employment relationships. These include employment relationships between:

constitutional corporations (that is foreign, trading or financial corporations) and their employees;
the Commonwealth and its public sector employees including those employed by Commonwealth authorities
flight crew officers, maritime employees and waterside workers employed by businesses operating in interstate and overseas trade and commerce; and
all employers and employees in Victoria and in the Territories.

It is convenient to refer to those covered by the Workplace Relations Act 1996 (Cth) as ‘federal employees’ and ‘federal employers’.

The reach of the Workplace Relations Act does not extend to State public sector employment relationships, sole traders, partnerships, trusts and employment in any corporations that are not constitutional corporations. Employees and employers in those areas are now covered by State law, except in a few circumstances where there is still a transition between the pre- and post- Work Choices arrangements.

Indeed, it may not always be clear whether a worker is covered by a Federal agreement/award or a State agreement/award. Some workers covered under State legislation, the Fair Work Act 1994 (SA), before 27 March 2006 may now be covered by the Federal Act. The Workplace Information Service can give employees and employers information about which legislation, agreements or awards apply in their workplace, see contact points.