WORKPLACE RELATIONS ACT 1996 - SECT 779 Definitions
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 779
Definitions(1) In this Part:
"bargaining services" means services provided by (or on behalf of) an industrial association in relation to an agreement, or a proposed agreement, under Part 8 (including the negotiation, making, approval, lodgment, operation, extension, variation or termination of the agreement).
"bargaining services fee" means a fee (however described) payable:
(a) to an industrial association; or
(b) to someone else in lieu of an industrial association;
wholly or partly for the provision, or purported provision, of bargaining services, but does not include membership dues.
"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.
"industrial association" means:
(a) an association of employees and/or independent contractors, or an association of employers, that is registered or recognised as such an association (however described) under an industrial law; or
(b) an association of employees and/or independent contractors a principal purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors, as the case requires; or
(c) an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment and/or independent contractors;
and includes a branch of such an association, and an organisation.
(a) the Commission; or
(b) a court or commission, however designated, exercising under an industrial law powers and functions corresponding to those conferred on the Commission by this Act; or
(c) a court or commission, however designated, exercising under an industrial law powers and functions corresponding to those conferred on the Commission by the Registration and Accountability of Organisations Schedule.
"industrial instrument" means an award or agreement, however designated, that:
(a) is made under or recognised by an industrial law; and
(b) concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.
"industrial law" means this Act, the Registration and Accountability of Organisations Schedule or a law, however designated, of the Commonwealth or of a State or Territory that regulates the relationships between employers and employees or provides for the prevention or settlement of disputes between employers and employees.
"objectionable provision" has the meaning given by section 810.
"office" , in relation to an organisation or industrial association or a branch of an organisation or industrial association, has the meaning given by section 781.
"officer" , in relation to an industrial association, means:
(a) a person who holds an office in the association; or
(b) a delegate or other representative of the association; or
(c) an employee of the association.
"organisation" includes a branch of an organisation.
"threat" means a threat of any kind, whether direct or indirect and whether express or implied.
(2) For the purposes of this Part, the following conduct is taken to be conduct of an industrial association:
(a) conduct of the committee of management of the industrial association;
(b) conduct of an officer or agent of the industrial association acting in that capacity;
(c) conduct of a member, or group of members, of the industrial association where the conduct is authorised by:
(i) the rules of the industrial association; or
(ii) the committee of management of the industrial association; or
(iii) an officer or agent of the industrial association acting in that capacity;
(d) conduct of a member of the industrial association, who performs the function of dealing with an employer on behalf of the member and other members of the industrial association, acting in that capacity.
(3) Paragraphs (2)(c) and (d) do not apply if:
(a) a committee of management of the industrial association; or
(b) a person authorised by the committee; or
(c) an officer of the industrial association;
has taken reasonable steps to prevent the action.
(4) A reference in this Part, or in regulations made for the purposes of this Part, to an independent contractor is not confined to a natural person.