(1) This Act is intended to apply to the exclusion of all State or Territory industrial laws so far as they would otherwise apply in relation to a national system employee or a national system employer.
(2) A State or Territory industrial law is:
(a) a general State industrial law; or
(b) an Act of a State or Territory that applies to employment generally and has one or more of the following as its main purpose or one or more of its main purposes:
(i) regulating workplace relations (including industrial matters, industrial activity, collective bargaining, industrial disputes and industrial action);
(ii) providing for the establishment or enforcement of terms and conditions of employment;
(iii) providing for the making and enforcement of agreements (including individual agreements and collective agreements), and other industrial instruments or orders, determining terms and conditions of employment;
(iv) prohibiting conduct relating to a person's membership or non-membership of an industrial association;
(v) providing for rights and remedies connected with the termination of employment;
(vi) providing for rights and remedies connected with conduct that adversely affects an employee in his or her employment; or
(c) a law of a State or Territory that applies to employment generally and deals with leave (other than long service leave or leave for victims of crime); or
(d) a law of a State or Territory providing for a court or tribunal constituted by a law of the State or Territory to make an order in relation to equal remuneration for work of equal or comparable value; or
(e) a law of a State or Territory providing for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair; or
(f) a law of a State or Territory that entitles a representative of a trade union to enter premises; or
(g) an instrument made under a law described in paragraph (a), (b), (c), (d), (e) or (f), so far as the instrument is of a legislative character; or
(h) either of the following:
(i) a law that is a law of a State or Territory;
(ii) an instrument of a legislative character made under such a law;
that is prescribed by the regulations.
(3) Each of the following is a general State industrial law :
(a) the Industrial Relations Act 1996 of New South Wales;
(b) the Industrial Relations Act 1999 of Queensland;
(c) the Industrial Relations Act 1979 of Western Australia;
(d) the Fair Work Act 1994 of South Australia;
(e) the Industrial Relations Act 1984 of Tasmania.
(4) A law or an Act of a State or Territory applies to employment generally if it applies (subject to constitutional limitations) to:
(a) all employers and employees in the State or Territory; or
(b) all employers and employees in the State or Territory except those identified (by reference to a class or otherwise) by a law of the State or Territory.
For this purpose, it does not matter whether or not the law also applies to other persons, or whether or not an exercise of a power under the law affects all the persons to whom the law applies.