Most of the information on this website applies to national system employees. In Queensland, all employees are national system employees except those who are employed by state and local government employers.
Using this website if you are a state system employee
State system employees are treated the same as national system employees for the purposes of:
- anti-discrimination legislation (other than discrimination under the Fair Work Act 2009 (Cth) (Fair Work Act))
- sexual harassment
- training agreements for apprentices and trainees
- workplace health and safety.
State system employees do not have access to:
- the Fair Work Commission’s (FWC) anti-bullying jurisdiction
- the general protections provisions under the Fair Work Act
- unfair dismissal under the Fair Work Act.
Unfair and unlawful dismissal for state system employees
State system employees are protected from unfair dismissal by the Industrial Relations Act 1999 (Qld) (Industrial Relations Act) and can make complaints about unfair dismissal to the Queensland Industrial Relations Commission (QIRC).
Unfair dismissal claims must be lodged in the QIRC within 21 days from the date the dismissal takes effect. For general guidance on the process of making an application for reinstatement or matters in the QIRC generally, you can read the QIRC’s factsheets.
State system employees also have protections against unlawful dismissal in some situations.
The Industrial Relations Act is currently under review. It is anticipated that the review will substantially alter the existing provisions, and this website will be updated once that review is complete.
In the meantime, state system employees should get legal advice about any dismissal-related matters and not rely on the information for national system employees that is found on this website.