WORKPLACE RELATIONS ACT 1996 - SECT 642 Definitions
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 642
Definitions(1) In this Division:
Court means the Federal Court of Australia or the Federal Magistrates Court.
"daily hire employee" means an employee:
(a) whose employment:
(i) is regulated by an award or a workplace agreement; and
(ii) under the award or workplace agreement is, or is normally, apart from the application to the employee of this Division:
(A) terminated at the end of each day or shift; or
(B) able to be terminated by the employer giving to the employee not more than 1 day's notice; and
(b) who is working in an industry or occupation which, on 16 November 1994, was subject to an award, State award, State employment agreement or old IR agreement which provided for the termination of an employee's employment in the circumstances referred to in sub-subparagraph (a)(ii)(A) or (B).
"relevant training award , in relation to an agreement, " means:
(a) if the agreement commenced before the commencement of this definition--the award known as the National Training Wage Interim Award 1994, as in force on 16 November 1994; or
(b) if the agreement commences on or after the commencement of this definition--whichever of the following is in force when the agreement commences:
(i) the award known as the National Training Wage Award 2000; or
(ii) a later award that covers substantially the same subject matter as is covered by the award referred to in subparagraph (i).
"termination or termination of employment" means termination of employment at the initiative of the employer.
"Territory employee" means any person employed in a Territory other than Norfolk Island.
"trainee" means an employee (other than an apprentice) who is bound by a traineeship agreement.
"traineeship agreement" means an agreement between an employer and an employee:
(a) that is consistent with the relevant training award; and
(b) that is registered:
(i) with the relevant State or Territory training authority; or
(ii) under a law of a State or Territory relating to the training of employees.
(2) For the purposes of paragraph (b) of the definition of daily hire employee in subsection (1), award , old IR agreement , State award and State employment agreement have the meanings given by subsection 4(1) of this Act as in force immediately before the reform commencement.
(3) For the purposes of this Division, termination or termination of employment does not include demotion in employment if:
(a) the demotion does not involve a significant reduction in the remuneration or duties of the demoted employee; and
(b) the demoted employee remains employed with the employer who effected the demotion.
(4) For the purposes of this Division, the resignation of an employee is taken to constitute the termination of the employment of that employee at the initiative of the employer if the employee can prove, on the balance of probabilities, that the employee did not resign voluntarily but was forced to do so because of conduct, or a course of conduct, engaged in by the employer.
(5) An expression used in this Subdivision or Subdivision C or D has the same meaning as in the Termination of Employment Convention.
(6) For the purposes of this Division, an employee is taken to be employed under award‑derived conditions if the employer is bound:
(a) in relation to the employee's wages and conditions of employment--by an award or a workplace agreement; or
(b) in relation to:
(i) the employee's wages--by an APCS; and
(ii) in relation to the employee's conditions of employment--by an award or a workplace agreement.