INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 4 Interpretation

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 4

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

"accounting records", in relation to an organisation, includes books of
account and such working papers and other documents as are necessary to
explain the methods and calculations by which the accounts of the organisation
are made up;

"arbitration powers" means the powers of the Commission in relation to
arbitration;

"auditor", in relation to an organisation, means:

   (a)  the person who is the holder of the position of auditor of the
        organisation under section 275; or

   (b)  where a firm is the holder of the position - each person who is, from
        time to time, a member of the firm and is a competent person within
        the meaning of that section;

"award" means an award or order that has been reduced to writing under
subsection 143(1), and includes a certified agreement;

"bans clause" means a term of an award (however expressed) to the effect that
engaging in conduct that would hinder, prevent or discourage:

   (a)  the observance of the award;

   (b)  the performance of work in accordance with the award; or

   (c)  the acceptance of, or offering for, work in accordance with the award;
        is, to any extent, prohibited;

"boycott" means a contravention of section 45D or 45E of the Trade Practices
Act;

"boycott conduct" means conduct that constitutes or would constitute:

   (a)  a boycott;

   (b)  attempting to commit a boycott;

   (c)  aiding, abetting, counselling or procuring a person to commit a
        boycott;

   (d)  inducing, or attempting to induce, a person (whether by threats,
        promises or otherwise) to commit a boycott;

   (e)  being in any way, directly or indirectly, knowingly concerned in, or
        party to, the committing by a person of a boycott; or

   (f)  conspiring with others to commit a boycott;

"breach" includes non-observance;

"certified agreement" means an agreement certified under section 115;

"collegiate electoral system", in relation to an election for an office in an
organisation, means a method of election comprising a first stage, at which
persons are elected to a number of offices by a direct voting system, and a
subsequent stage or subsequent stages at which persons are elected by and from
a body of persons consisting only of:

   (a)  persons elected at the last preceding stage; or

   (b)  persons elected at the last preceding stage and other persons (being
        in number not more than 15% of the number of persons comprising the
        body) holding offices in the organisation (including the office to
        which the election relates), not including any person holding such an
        office merely because of having filled a casual vacancy in the office
        within the last 12 months, or the last quarter, of the term of the
        office;

"Commission" means the Australian Industrial Relations Commission;

"Commissioner" means a Commissioner of the Commission;

"committee of management", in relation to an organisation, association or
branch of an organisation or association, means the group or body of persons
(however described) that manages the affairs of the organisation, association
or branch;

"Commonwealth authority" means:

   (a)  a body corporate established for a public purpose by or under a law of
        the Commonwealth or the Australian Capital Territory; 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; other
               than a prescribed body;

"conciliation powers" means the powers of the Commission in relation to
conciliation;

"Court" means the Federal Court of Australia;

"demarcation dispute" means:

   (a)  a dispute arising between 2 or more organisations, or within an
        organisation, as to the rights, status or functions of members of the
        organisations or organisation in relation to the employment of those
        members; or

   (b)  a dispute arising between employers and employees, or between members
        of different organisations, as to the demarcation of functions of
        employees or classes of employees;

"Deputy President" means a Deputy President of the Commission;

"designated Presidential Member", in relation to a power or function under
this Act, means a Presidential Member designated by the President under
section 38 to be responsible for the exercise of the power or performance of
the function;

"direct voting system", in relation to an election for an office in an
organisation, means a method of election at which:

   (a)  all financial members; or

   (b)  all financial members included in the branch, section, class or other
        division of the members of the organisation that is appropriate having
        regard to the nature of the office; are, subject to reasonable
        provisions in relation to enrolment, eligible to vote;

"electoral official" means an Australian Electoral Officer or a member of the
staff of the Australian Electoral Commission;

"eligibility rules", in relation to an organisation or association, means the
rules of the organisation or association that relate to the conditions of
eligibility for membership or the description of the industry (if any) in
connection with which the organisation is, or the association is proposed to
be, registered;

"employee" includes any person whose usual occupation is that of employee;

"employer" includes:

   (a)  any person who is usually an employer; and

   (b)  an unincorporated club;

"employing authority", in relation to a class of employees, means the person
or body, or each of the persons or bodies, prescribed as the employing
authority in relation to the class of employees;

"financial year", in relation to an organisation, means:

   (a)  the period of 12 months commencing on 1 July in any year; or

   (b)  if the rules of the organisation provide for another period of 12
        months as the financial year of the organisation - the other period of
        12 months;

"flight crew officer" has the meaning given to it in clause 1 of Schedule 1;

"flight crew officers' employer" has the meaning given to it in clause 1 of
Schedule 1;

"Full Bench" means a Full Bench of the Commission;

"full-time office" means an office the duties of which are of a full-time
nature;

"industrial action" means:

   (a)  the performance of work in a manner different from that in which it is
        customarily performed, or the adoption of a practice in relation to
        work, the result of which is a restriction or limitation on, or a
        delay in, the performance of the work, where:

        (i)    the terms and conditions of the work are prescribed, wholly or
               partly, by an award or an order of the Commission, by an award,
               determination or order made by another tribunal under a law of
               the Commonwealth or otherwise by or under a law of the
               Commonwealth; or

        (ii)   the work is performed, or the practice is adopted, in
               connection with an industrial dispute;

   (b)  a ban, limitation or restriction on the performance of work, or on
        acceptance of or offering for work, in accordance with the terms and
        conditions prescribed by an award or an order of the Commission, by an
        award, determination or order made by another tribunal under a law of
        the Commonwealth or otherwise by or under a law of the Commonwealth;

   (c)  a ban, limitation or restriction on the performance of work, or on
        acceptance of or offering for work, that is adopted in connection with
        an industrial dispute; or

   (d)  a failure or refusal by persons to attend for work or a failure or
        refusal to perform any work at all by persons who attend for work; but
        does not include:

   (e)  action by employees that is authorised or agreed to by the employer of
        the employees; or

   (f)  action by an employer that is authorised or agreed to by or on behalf
        of employees of the employer;

"industrial dispute" means:

   (a)  an industrial dispute (including a threatened, impending or probable
        industrial dispute):

        (i)    extending beyond the limits of any one State; and

        (ii)   that is about matters pertaining to the relationship between
               employers and employees; or

   (b)  a situation that is likely to give rise to an industrial dispute of
        the kind referred to in paragraph (a); and includes a
        demarcation dispute;

"Industrial Registry" means the Australian Industrial Registry;

"industry" includes:

   (a)  any business, trade, manufacture, undertaking or calling of employers;

   (b)  any calling, service, employment, handicraft, industrial occupation or
        vocation of employees; and

   (c)  a branch of an industry and a group of industries;

"inspector" means:

   (a)  a person appointed as an inspector under subsection 84 (2); or

   (b)  an officer of the Public Service of a State or Territory to whom an
        arrangement referred to in subsection 84 (3) applies;

"irregularity", in relation to an election or ballot, includes:

   (a)  a breach of the rules of an organisation or branch of an organisation;
        and

   (b)  an act or omission by means of which:

        (i)    the full and free recording of votes by all persons entitled to
               record votes and by no other persons; or

        (ii)   a correct ascertainment or declaration of the results of the
               voting; is, or is attempted to be, prevented or hindered;

"Judge" has the same meaning as in the Federal Court of Australia Act 1976;

"judgment" has the same meaning as in the Federal Court of Australia Act  1976
;

"magistrate's court" means:

   (a)  a court consituted by a police, stipendiary or special magistrate;

   (b)  a court constituted by an industrial magistrate who is also a police,
        stipendiary or special magistrate; or

   (c)  in Tasmania - a Court of Requests;

"maritime employee" has the meaning given to it in clause 1 of Schedule 1;

"Northern Territory authority" means:

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

   (b)  a body corporate:

        (i)    incorporated under a law of the Northern Territory; and

        (ii)   in which the Northern Territory has a controlling interest;
               other than a prescribed body;

"occupier", in relation to premises, includes a person in charge of the
premises;

"office", in relation to an organisation or branch of an organisation, means:

   (a)  an office of president, vice-president, secretary or assistant
        secretary of the organisation or branch;

   (b)  the office of a voting member of a collective body of the organisation
        or branch, being a collective body that has power in relation to any
        of the following functions:

        (i)    the management of the affairs of the organisation or branch;

        (ii)   the determination of policy for the organisation or branch;

        (iii)  the making, alteration or rescission of rules of the
               organisation or branch;

        (iv)   the enforcement of rules of the organisation or branch, or the
               performance of functions in relation to the enforcement of such
               rules;

   (c)  an office the holder of which is, under the rules of the organisation
        or branch, entitled to participate directly in any of the functions
        referred to in subparagraphs (b) (i) and (iv), other than an office
        the holder of which participates only in accordance with directions
        given by a collective body or another person for the purpose of
        implementing:

        (i)    existing policy of the organisation or branch; or

        (ii)   decisions concerning the organisation or branch;

   (d)  an office the holder of which is, under the rules of the organisation
        or branch, entitled to participate directly in any of the functions
        referred to in subparagraphs (b) (ii) and (iii); or

   (e)  the office of a person holding (whether as trustee or otherwise)
        property:

        (i)    of the organisation or branch; or

        (ii)   in which the organisation or branch has a beneficial interest;

"officer", in relation to an organisation or branch of an organisation, means
a person who holds an office in the organisation or branch;

"one-tier collegiate electoral system" means a collegiate electoral system
comprising only one stage after the first stage;

"organisation" means an organisation registered under this Act;

"panel" means a panel to which an industry has been assigned under section  37
;

"peak council" means a national council or federation that is effectively
representative of a significant number of organisations representing employers
or employees in a range of industries;

"pilot" has the meaning given to it in clause 1 of Schedule 1;

"postal ballot" means a ballot for the purposes of which:

   (a)  a ballot paper is sent by prepaid post to each person entitled to
        vote; and

   (b)  facilities are provided for the return of the completed ballot paper
        by post by the voter without expense to the voter;

"premises" includes any land, building, structure, mine, mine working, ship,
aircraft, vessel, vehicle or place;

"President" means the President of the Commission;

"Presidential Member" means the President or a Deputy President;

"previous Act" means the Conciliation and Arbitration Act 1904, and includes
any other Act so far as the other Act affects the operation of that Act;

"public sector employment" means employment of, or service by, a person in any
capacity (whether permanently or temporarily and whether full-time or
part-time):

   (a)  under the Public Service Act 1922;

   (b)  by or in the service of a Commonwealth authority;

   (c)  under a law of the Northern Territory relating to the Public Service
        of the Northern Territory;

   (d)  by or in the service of a Northern Territory authority; or

   (e)  by or in the service of a prescribed person or under a prescribed law;
        but, other than in section 121, does not include:

   (f)  employment of, or service by, a person included in a prescribed class
        of persons; or

   (g)  employment or service under a prescribed law;

"Registrar" means the Industrial Registrar or a Deputy Industrial Registrar;

"registry" means the Principal Registry or another registry established under
section 64;

"relevant Presidential Member", in relation to an industrial dispute, means
the Presidential Member who is a member of the panel to which the industry
concerned has been assigned or, if the industry concerned has not been
assigned to a panel, the President;

"secondary office", in relation to a person who holds an office of member of
the Commission and an office of member of a prescribed State industrial
authority, means the office to which the person was most recently appointed;

"ship" has the meaning given to it in clause 1 of Schedule 1;

"special magistrate" means a magistrate appointed as a special magistrate
under a law of a State or Territory;

"State industrial authority" means:

   (a)  a board or court of conciliation or arbitration, or tribunal, body or
        persons, having authority under a State Act to exercise any power of
        conciliation or arbitration in relation to industrial disputes within
        the limits of the State;

   (b)  a special board constituted under a State Act relating to factories;
        or

   (c)  any other State board, court, tribunal, body or official prescribed
        for the purposes of this definition;

"stevedoring operations" has the meaning given to it in clause 1 of Schedule
1;

"this Act" includes the regulations;

"Trade Practices Act" means the Trade Practices Act 1974;

"trade union" means:

   (a)  an organisation of employees;

   (b)  an association of employees that is registered or recognised as a
        trade union (however described) under the law of a State or Territory;
        or

   (c)  an association of employees a principal purpose of which is the
        protection and promotion of the employees' interests in matters
        concerning their employment;

"waterside employer" has the meaning given to it in clause 1 of Schedule 1;

"waterside worker" has the meaning given to it in clause 1 of Schedule 1;

"wharf" has the meaning given to it in clause 1 of Schedule 1.

(2) In this Act, a reference to a decision or determination of the Commission
includes a reference to a decision or determination made by a member of the
Commission in the capacity of designated Presidential Member.

(3) In this Act, unless the contrary intention appears, a reference to an
industrial dispute includes a reference to:

   (a)  a part of an industrial dispute;

   (b)  an industrial dispute so far as it relates to a matter in dispute; and

   (c)  a question arising in relation to an industrial dispute.

(4) In this Act, unless the contrary intention appears, a reference to an
office in an association or organisation includes a reference to an office in
a branch of the association or organisation.

(5) In this Act, unless the contrary intention appears, a reference to:

   (a)  a person who is eligible to become a member of an organisation; or

   (b)  a person who is eligible for membership of an organisation; includes a
        reference to a person who is eligible merely because of an agreement
        made under rules of the organisation made under subsection 202 (1).

(6) In this Act, a reference to a ballot or election being conducted, or a
step in a ballot or election being taken, by the Australian Electoral
Commission is a reference to the ballot or election being conducted, or the
step being taken, by an electoral official.

(7) In this Act, a reference to a person making a statement that is to the
person's knowledge false or misleading in a material particular includes a
reference to a person making a statement where the person is reckless as
whether the statement is false or misleading in a material particular.

(8) In this Act, a reference to engaging in conduct includes a reference to
being, whether directly or indirectly, a party to or concerned in the conduct.

(9) For the purposes of this Act:

   (a)  conduct is capable of constituting industrial action even if the
        conduct relates to part only of the duties that persons are required
        to perform in the course of their employment; and

   (b)  a reference to industrial action includes a reference to a course of
        conduct consisting of a series of industrial actions.

(10) In the case of employees who are members of the Australian Federal
Police, the reference in the definition of "industrial dispute" in subsection
(1) to matters pertaining to the relationship between employers and employees
does not include a reference to the matters set out in clause 3 of Schedule 1.