The Federal Government passed its referral Bill on 2 December enabling the states to transfer their workplace relations powers covering the private sector to the Commonwealth.

Once enacted the Bill will give effect to the references of Victoria*, Queensland, Tasmania, South Australia and New South Wales. Western Australia won’t refer its powers. The referral will allow the government to:

• extend the Fair Work Act to cover unincorporated employers and their employees and outworker entities
• amend the Fair Work Act so it applies uniformly in referring states
• establish arrangements for the transition of referral employees and employers from state industrial or workplace relations systems to the new national system.

The amendments will extend the meaning of national system employee and national system employer to encompass all employees and employers in referring states—subject to exclusions relating to state public sector and local government employment.

Fair Work Amendment (State Referrals and Other Measures) Bill 2009

*Victoria is the only state to have referred its workplace relations powers to the Commonwealth before, when the Workplace Relations Act 1996 applied.