New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4)
"award" means an award made, or taken to be made, by the Commission under this
Act, and includes any order of the Commission under this Act that sets
conditions of employment.
"bailor" -see section 308.
"Commission" means the Industrial Relations Commission of New South Wales
established by this Act.
"Commission in Court Session" means the Commission constituted as referred to
in section 151.
"committee of management" of an organisation, means the group or body of
persons (however described) that manages the affairs of the organisation.
"conditions of employment" includes any provisions about an industrial matter.
"contract agreement" means an agreement approved, or taken to be approved, by
the Commission under Part 3 of Chapter 6.
"contract determination" means a contract determination made, or taken to be
made, by the Commission under Part 2 of Chapter 6.
"contract of bailment" -see section 307.
"contract of carriage" -see section 309.
"dispute order" -see Part 2 of Chapter 3.
"employee" -see section 5.
"employer" means a person who employs an employee within the meaning of this
Act:
(a) whether the person is an individual, a corporation, an unincorporated body or the State, and
(b) whether the person does so on the person’s own behalf or on behalf of some other person."enterprise agreement" means an enterprise agreement approved, or taken to be approved, by the Commission under this Act.
(a) a practice relating to the performance of work, adopted in connection with an industrial dispute, that restricts, limits or delays the performance of work, or
(b) a ban, limitation or restriction affecting the performance of work, or the offering or acceptance of work, that is adopted in connection with an industrial dispute, or
(c) any failure or refusal in connection with an industrial dispute to attend for work or to perform work,but does not include any action taken by employees with the agreement of their employer or any action taken by employers with the agreement of their employees.
(a) a demarcation dispute,
(b) a threatened or likely industrial dispute,
(c) a situation that is likely to give rise to an industrial dispute if preventative action is not taken."Industrial Gazette" means the publication of that name published under the authority of the Industrial Registrar.
This Act
Annual Holidays Act 1944
Employment Protection Act 1982
Long Service Leave Act 1955
Long Service Leave (Metalliferous Mining Industry) Act 1963 ."industry" -see section 7.
(a) an office of president, vice-president, secretary or assistant secretary of the organisation, or
(b) the office of a voting member of a collective body of the organisation, being a collective body that has power in relation to any of the following functions:(i) the management of the financial or other affairs of the organisation,(ii) the determination of policy for the organisation,(iii) the making, alteration or rescission of rules of the organisation,(iv) the enforcement of rules of the organisation, or the performance of functions in relation to the enforcement of such rules, or
(c) an office the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b) (i) or (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing existing policy of the organisation or decisions concerning the organisation, or
(d) an office the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b) (ii) or (iii), or
(e) the office of a person holding (whether as trustee or otherwise) property of the organisation or property in which the organisation has a beneficial interest."officer" of an organisation means a person who holds an office in the organisation.
Note: A person described in clause 1 (f) of Schedule 1 as an employee is taken to be an employee for the purposes of this Act by section 5 (3)."party" to an industrial instrument includes the successor of a party to the instrument.
Note: Penalties for offences are expressed in penalty units. At the time of this update the penalty unit was $110."premises" includes any mine, structure, building, aircraft, vehicle, vessel and place (whether built on or not), and any part of it.
(a) Unions NSW (being the State peak council for employees), or
(b) an organisation approved for the time being by the Commission under section 216 as a State peak council for employers."successor" includes transferee, assignee, devisee or other successor at law.