Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 4

             (1)  In this Act, unless the contrary intention appears:

"ABC Commissioner" means the Australian Building and Construction Commissioner referred to in section 9.

"ABC Inspector" means an Australian Building and Construction Inspector referred to in section 57.

"accreditation scheme" means the accreditation scheme referred to in section 35.

"AIRC" means the Australian Industrial Relations Commission established by section 8 of the Workplace Relations Act.

"Australian Fair Pay and Conditions Standard" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

"AWA" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

"award" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

"bargaining representative" has the same meaning as in the FW Act.

"building association" means an industrial association whose eligibility rules allow membership by at least one of the following groups:

                     (a)  building employers;

                     (b)  building employees;

                     (c)  building contractors;

whether or not those rules also allow membership by other persons.

"Building Code" means the code of practice referred to in section 27.

"building contractor" means a person who has entered into, or who has offered to enter into, a contract for services under which the person:

                     (a)  carries out building work; or

                     (b)  arranges for building work to be carried out.

"building employee" means:

                     (a)  a person whose employment consists of, or includes, building work; or

                     (b)  a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.

"building employer" means an employer who employs, or offers to employ, building employees.

"building enterprise agreement" means an enterprise agreement that applies to building work (whether or not it also applies to other work).

"building industry participant" means any of the following:

                     (a)  a building employee;

                     (b)  a building employer;

                     (c)  a building contractor;

                     (d)  a person who enters into a contract with a building contractor under which the building contractor agrees to carry out building work or to arrange for building work to be carried out;

                     (e)  a building association;

                      (f)  an officer, delegate or other representative of a building association;

                     (g)  an employee of a building association.

"building work" has the meaning given by section 5.

"civil penalty provision" means:

                     (a)  a Grade A civil penalty provision; or

                     (b)  a Grade B civil penalty provision.

"collective agreement" has the meaning given by the Workplace Relations Act.

"Commissioner" means the ABC Commissioner or a Deputy ABC Commissioner.

"Commonwealth authority" (except in section 35) means:

                     (a)  a body corporate established for a public purpose by or under a law of the Commonwealth; or

                     (b)  a body corporate:

                              (i)  incorporated under a law of the Commonwealth or a State or Territory; and

                             (ii)  in which the Commonwealth has a controlling interest.

"Commonwealth industrial instrument" means any of the following:

                     (a)  an award or transitional award;

                     (b)  a workplace agreement;

                     (c)  a pre‑reform certified agreement or a pre‑reform AWA;

                     (d)  an order of the AIRC;

                     (e)  the Australian Fair Pay and Conditions Standard;

                      (f)  a fair work instrument;

                     (g)  the National Employment Standards.

"Commonwealth place" means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

"conduct" includes an omission.

"constitutional corporation" means:

                     (a)  a corporation to which paragraph 51(xx) of the Constitution applies; or

                     (b)  a body corporate that is incorporated in a Territory.

"Deputy ABC Commissioner" means a Deputy Australian Building and Construction Commissioner referred to in section 9.

"designated building law" means:

                     (a)  this Act, the Independent Contractors Act 2006 , the FW Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

                     (b)  a Commonwealth industrial instrument.

"eligibility rules" means rules that relate to the conditions of eligibility for membership.

"eligible condition" means a condition relating to:

                     (a)  the times or days when work is to be performed; or

                     (b)  inclement weather procedures; or

                     (c)  any other matter prescribed by the regulations for the purposes of this paragraph.

"employee organisation" means an organisation of employees.

"enterprise agreement" has the same meaning as in the FW Act.

"fair work instrument" has the same meaning as in the FW Act.

"Federal Court" means the Federal Court of Australia.

"Federal Safety Commissioner" means the Federal Safety Commissioner referred to in section 29.

"Federal Safety Officer" means a Federal Safety Officer referred to in section 60.

"full-time Commissioner" means:

                     (a)  the ABC Commissioner; or

                     (b)  a Deputy ABC Commissioner appointed on a full‑time basis.

"FWA" has the same meaning as in the FW Act.

"FW Act" means the Fair Work Act 2009 .

"Grade A civil penalty provision" means:

                     (a)  a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating "Grade A civil penalty"; or

                     (b)  a subsection of this Act that has a note at its foot stating "Grade A civil penalty".

"Grade B civil penalty provision" means:

                     (a)  a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating "Grade B civil penalty"; or

                     (b)  a subsection of this Act that has a note at its foot stating "Grade B civil penalty".

"independent contractor" has the same meaning as in the FW Act.

"industrial association" means:

                     (a)  an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law (within the meaning of the FW Act); or

                     (b)  an association of employees, or independent contractors, or both, a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors (as the case may be); or

                     (c)  an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment, independent contractors or both;

and includes:

                     (d)  a branch of such an association; and

                     (e)  an organisation; and

                      (f)  a branch of an organisation.

"industrial body" has the same meaning as in the FW Act.

"industrial instrument" means an award or agreement, however designated, that:

                     (a)  is made under or recognised by an industrial law; and

                     (b)  deals with the relationship between employers and employees, concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.

"industrial law" means:

                     (a)  this Act, the FW Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

                     (b)  a law, however designated, of the Commonwealth or of a State or Territory that regulates the relationships between employers and employees or provides for the prevention or settlement of disputes between employers and employees.

"National Employment Standards" has the same meaning as in the FW Act.

"occupier" has the same meaning as in the FW Act.

"office" , in relation to an organisation or industrial association or a branch of an organisation or industrial association, has the meaning given by section 6.

"officer" , in relation to an organisation or industrial association, means a person who holds an office in the organisation or association.

"organisation" has the same meaning as in the Fair Work (Registered Organisations) Act 2009 .

"part-time Commissioner" means a Deputy ABC Commissioner appointed on a part-time basis.

"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .

"premises" has the same meaning as in the FW Act.

"pre-reform AWA" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

"pre-reform certified agreement" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

"protected industrial action" has the same meaning as in the FW Act.

"Secretary" means the Secretary of the Department.

"transitional award" has the meaning given by the Workplace Relations Act.

"unlawful industrial action" has the meaning given by section 37.

"workplace agreement" means a workplace agreement within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 , and includes an AWA.

"Workplace Relations Act" means the Workplace Relations Act 1996 .

             (2)  In this Act, unless the contrary intention appears:

                     (a)  a reference to employee has its ordinary meaning; and

                     (b)  a reference to employee with its ordinary meaning includes a reference to an individual who is usually an employee with that meaning; and

                     (c)  a reference to employee with its ordinary meaning does not include a reference to an individual on a vocational placement; and

                     (d)  a reference to employer has its ordinary meaning; and

                     (e)  a reference to employer with its ordinary meaning includes a reference to a person or entity that is usually an employer with that meaning.