Following the referral of industrial relations powers to the Commonwealth in 2009, the New South Wales industrial relations jurisdiction is now limited to the public and local government sectors. Current federal legislation specifically excludes state laws that attempt deal to with issues already covered by the Fair Work system, though New South Wales is an active and influential partner in the Fair Work workplace relations system.

The Commonwealth has also introduced the Fair Work Amendment (Protecting Vulnerable Workers) Bi⁄12017, which aims to address the exploitation of workers in franchise businesses. The Bill creates new offences for franchisees and franchisors, and provides enhanced investigative powers for the Fair Work Ombudsman.