See Fair Work Act 2009 s.795
Some public sector employees are covered by the national system and others are specifically excluded.
The Fair Work Act sets the meaning of public sector employment as employment of, or service by, a person in any capacity (including but not limited to):
- under the Public Service Act 1999 (Cth) or the Parliamentary Service Act 1999 (Cth)
- by or in the service of a Commonwealth authority
- under a law of the Australian Capital Territory relating to employment by that Territory, including a law relating to the Australian Capital Territory Government Service, or
- under a law of the Northern Territory relating to the Public Service of the Northern Territory or by or in the service of a Northern Territory authority.