What workplace jurisdiction does my company full under?

If you are confused about all the changes taking place in employment law and how these may affect you, relax you are not alone. It’s a confusing issue with too many variables for most. In the first instance however it is imperative to be clear as to what legislative jurisdiction your organisation falls under; federal or State.
For simplicity sake, the jurisdiction or laws under which your organisation is covered is determined by whether it’s a constitutional entity or not. Constitutional entities include all incorporated companies, i.e. Pty Ltd or Ltd. These organisations fall under the federal Fair Work Act.
Unincorporated organisations, i.e. sole traders or partnerships will in turn fall under the relevant industrial provisions of the state in which the business is registered. An exception to this is Victoria which has vested industrial relations to the federal government. Foreign registered entities also fall under the federal jurisdiction.
If in doubt you may want to test what jurisdiction your company falls under by going to the NSW Office of Industrial relations. Jurisdiction
Link to Fair Work Online
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