A trade and commerce employer is a person who, in connection with constitutional trade or commerce; employs, or usually employs, an individual as:
- a flight crew officer
- a maritime employee, or
- a waterside worker.
Constitutional trade or commerce means trade or commerce:
- between Australia and a place outside Australia
- among the states
- between a state and a territory
- between two territories, or
- within a territory.
 Fair Work Act ss.14(1)(d) and 338(3).