Fair Work Act 2009

A State employment agreement is:

an agreement in relation to which the following conditions are satisfied:

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;

the agreement determines terms and conditions of employment of one or more employees of the employer;

the agreement was made under a State industrial law; or

a determination in relation to which the following conditions are satisfied:

the determination determines terms and conditions of employment;

the determination was made under a State industrial law by a State industrial body;

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;

the purpose of the determination was to resolve the matters that were at issue in those negotiations.

However, the regulations may provide that an instrument of a specified kind:

is a State employment agreement; or

is not a State employment agreement.

A State employment agreement is a State collective employment agreement unless:

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

the agreement is of a kind prescribed by the regulations.

A State employment agreement referred to in paragraph (3)(a) or (b) is a State individual employment agreement.