WORKPLACE RELATIONS ACT 1996 - SECT 515 Matters that are not allowable award matters

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 515

             (1)  For the purposes of subsection 513(1), matters that are not allowable award matters within the meaning of that subsection include, but are not limited to, the following:

                     (a)  rights of an organisation of employers or employees to participate in, or represent an employer or employee in, the whole or part of a dispute settling procedure, unless the organisation is the representative of the employer's or employee's choice;

                     (b)  conversion from casual employment to another type of employment;

                     (c)  the number or proportion of employees that an employer may employ in a particular type of employment;

                     (d)  prohibitions (whether direct or indirect) on an employer employing employees in a particular type of employment;

                     (e)  the maximum or minimum hours of work for regular part‑time employees;

                      (f)  restrictions on the range or duration of training arrangements;

                     (g)  restrictions on the engagement of independent contractors and requirements relating to the conditions of their engagement;

                     (h)  restrictions on the engagement of labour hire workers, and requirements relating to the conditions of their engagement, imposed on an entity or person for whom the labour hire worker performs work under a contract with a labour hire agency;

                      (i)  union picnic days;

                      (j)  tallies in the meat industry;

                     (k)  dispute resolution training leave;

                      (l)  trade union training leave.

             (2)  Paragraph (1)(e) does not prevent any of the following being included in an award:

                     (a)  terms setting a minimum number of consecutive hours that an employer may require a regular part‑time employee to work;

                     (b)  terms facilitating a regular pattern in the hours worked by regular part‑time employees.

             (3)  Paragraph (1)(g) does not limit the operation of paragraph 513(1)(o).

             (4)  In this section:

"labour hire agency" means an entity or a person who conducts a business that includes the employment or engagement of workers for the purpose of supplying those workers to another entity or person under a contract with that other entity or person.

"labour hire worker" means a person:

                     (a)  who:

                              (i)  is employed by a labour hire agency; or

                             (ii)  is engaged by a labour hire agency as an independent contractor; and

                     (b)  who performs work for another entity or person under a contract between that entity or person and the labour hire agency.

Note:          In this Part, references to independent contractors are not confined to natural persons (see subsection 4(2)).