WORKPLACE RELATIONS ACT 1996 - SECT 263 Definitions

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 263

                   In this Division:

"adoption agency" means an agency, office, court or other entity that is authorised under a law of the Commonwealth, a State, a Territory or a foreign country to perform functions in relation to adoption.

"adoption leave" has the meaning given by subsection 300(1).

"authorised leave" means leave, or an absence, whether paid or unpaid, that is authorised:

                     (a)  by an employee's employer; or

                     (b)  by or under a term or condition of an employee's employment; or

                     (c)  by or under a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory.

"basic periodic rate of pay" has the meaning given by section 178.

Note:          See also section 264A.

"continuous service" , in relation to a period of an employee's service with an employer, means service with the employer as an employee during the whole of the period, including (as a part of the period) any of the following periods:

                     (a)  a period of authorised leave;

                     (b)  a period (the casual period ) during which the employee was a casual employee, if:

                              (i)  during the casual period, the employee was engaged on a regular and systematic basis by the employer; and

                             (ii)  during the casual period, the employee had a reasonable expectation of continuing employment by the employer.

"day of placement" : the day of placement of a child with an employee for an adoption is:

                     (a)  subject to paragraph (b), the earlier of the following days:

                              (i)  the day on which the employee first takes custody of the child for the adoption;

                             (ii)  the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption; or

                     (b)  if the child's adoption by an employee is authorised by an adoption agency after the child has started living with the employee (unless the employee has travelled overseas to take custody of the child for an adoption intended to occur in Australia)--the day on which the adoption is authorised by the agency.

"de facto spouse , " of an employee, means a person of the opposite sex to the employee who lives with the employee as the employee's husband or wife on a genuine domestic basis although not legally married to the employee.

"eligible casual employee" has the meaning given by section 264.

"eligible child" has the meaning given by section 298.

"employee" means an employee to whom this Division applies under subsection 262(1).

"expected date of birth" , of a child of an employee who is or was pregnant, means:

                     (a)  if, to comply with a requirement under Subdivision C, the employee has given her employer a medical certificate stating the expected date of birth of the child or a date that would be, or would have been, the expected date of birth of the child--the stated date; or

                     (b)  if the employee could not comply with a requirement mentioned in paragraph (a) because of circumstances beyond her control--the date of birth of the child that could reasonably be expected if the pregnancy were to go to full term.

"long adoption leave" has the meaning given by paragraph 300(1)(b).

"long paternity leave" has the meaning given by paragraph 282(1)(b).

"maternity leave" has the meaning given by subsection 265(1).

"medical certificate" means a certificate signed by a medical practitioner.

"medical practitioner" means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

"ordinary maternity leave" has the meaning given by paragraph 265(1)(b).

"paternity leave" has the meaning given by subsection 282(1).

"piece rate employee" means an employee who is paid a piece rate of pay within the meaning of section 178.

"placement" , of a child, means:

                     (a)  subject to paragraph (b)--the placement, by an adoption agency, of the child into the custody of an employee for adoption; or

                     (b)  if the child's adoption by an employee is authorised by an adoption agency after the child has started living with the employee--the authorisation of the adoption by the adoption agency.

Note:          Day of placement is also defined in this section.

"pre-adoption leave" has the meaning given by subsection 299(2).

"pregnancy-related illness" means an illness related to pregnancy.

"primary care-giver" , of a child, means a person who assumes the principal role of providing care and attention to the child.

"short adoption leave" has the meaning given by paragraph 300(1)(a).

"short paternity leave" has the meaning given by paragraph 282(1)(a).

"special maternity leave" has the meaning given by paragraph 265(1)(a).

"spouse" includes the following:

                     (a)  a former spouse;

                     (b)  a de facto spouse;

                     (c)  a former de facto spouse.