What is a State employment agreement?
(1) A State employment agreement is: (a) an agreement in relation to which the following conditions are satisfied: (i) the agreement is between a non‑national system employer and one or more of the employees of the employer, or between a non‑national system employer and an association of employees registered under a State industrial law; (ii) the agreement determines terms and conditions of employment of one or more employees of the employer; (iii) the agreement was made under a State industrial law; or (b) a determination in relation to which the following conditions are satisfied: (i) the determination determines terms and conditions of employment; (ii) the determination was made under a State industrial law by a State industrial body; (iii) the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph (a) had not been able to reach an agreement; (iv) the purpose of the determination was to resolve the matters that were at issue in those negotiations. (2) However, the regulations may provide that an instrument of a specified kind: (a) is a State employment agreement; or (b) is not a State employment agreement. (3) A State employment agreement is a State collective employment agreement unless: (a) it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or (b) the agreement is of a kind prescribed by the regulations. (4) A State employment agreement referred to in paragraph (3)(a) or (b) is a State individual employment agreement.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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