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WORKPLACE RELATIONS ACT 1996 - SECT 737 Definitions

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 737

Definitions

                   In this Part:

"affected employee" means:

                     (a)  in relation to the entry onto premises under section 747 to investigate a suspected breach--an employee for whom all the following are satisfied:

                              (i)  the employee carries out work on the premises;

                             (ii)  the employee is a member of the permit holder's organisation;

                            (iii)  the suspected breach relates to, or affects, the employee or the work; and

                     (b)  in relation to the entry onto premises under section 760 to hold discussions--an employee for whom all the following are satisfied:

                              (i)  the employee carries out work on the premises;

                             (ii)  the employee is a member of the permit holder's organisation or is eligible to become a member of that organisation;

                            (iii)  the employee is one of the employees with whom the discussions are to be held.

"affected employer" means an employer of affected employees.

"authority documents" , in relation to the entry onto premises by a permit holder, means:

                     (a)  if the permit holder entered the premises in reliance on an entry notice:

                              (i)  the permit holder's permit; and

                             (ii)  the entry notice; or

                     (b)  if the permit holder entered the premises in reliance on an exemption certificate:

                              (i)  the permit holder's permit; and

                             (ii)  the exemption certificate; or

                     (c)  if the permit holder entered the premises in reliance on an order of the Commission:

                              (i)  the permit holder's permit; and

                             (ii)  the order.

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

"conduct" includes an omission.

"Court" means the Federal Court of Australia or the Federal Magistrates Court.

"entry notice" means an entry notice in the form approved under section 738.

"exemption certificate" means an exemption certificate under section 750.

"industrial law" means:

                     (a)  this Act; or

                     (b)  the Registration and Accountability of Organisations Schedule; or

                     (c)  a law of the Commonwealth, however designated, that regulates the relationships between employers and employees; or

                     (d)  a State or Territory industrial law.

"official" , in relation to an organisation, means an officer or employee of the organisation.

"OHS law" means a law of a State or Territory prescribed by the regulations for the purposes of this definition.

"permit" means a permit under this Part.

"permit holder" means a person who holds a permit.

"permit holder's organisation" , in relation to a permit, means the organisation in respect of which the permit was issued.

repealed Part IX means Part IX of this Act, as in force at any time before the reform commencement.