This website applies only to residents and the law of New South Wales, Australia.

2. CHECKLIST (continued)

New South Wales or Federal system?

Step 3: Work out if you were employed by a "constitutional corporation"

Since the Workchoices laws came into force on 27 March 2006, employees who are employed by a "constitutional corporation" are covered by the Federal industrial relations system. This is the case even if they were previously covered by a state award or agreement, or not covered by any award or agreement.

Companies, associations and other bodies that have been incorporated are 'corporations'. Sometimes they will have Pty or Co or Ltd or Inc in their name. Whether they are constitutional corporations will depend on whether they can be classified as either 'trading' or 'financial' corporations.

Most businesses that are companies will be constitutional corporations. However, if a corporation is a charitable or not-for-profit organisation it may not be a constitutional corporation and you will need to get advice from a union or lawyer.

See Where to get help at the end of this guide.

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