(e) matters
relating to outworkers (within the ordinary meaning of the term),
(f) child
labour,
(g) training arrangements,
(h) long service leave,
(i) leave for
victims of crime,
(j) attendance for service on a jury, or for emergency
service duties,
(k) declaration, prescription or substitution of public
holidays,
(l) the following matters relating to provision of essential
services or to situations of emergency:
(i) directions to perform work
(including to perform work at a particular time or place, or in a particular
way),
(ii) directions not to perform work (including not to perform work at a
particular time or place, or in a particular way),
(m) regulation of any of
the following:
(i) employee associations,
(ii) employer associations,
(iii)
members of employee associations or of employer associations,
(n) workplace
surveillance,
(o) business trading hours,
(p) claims for enforcement of
contracts of employment, except so far as a law of the State provides for the
variation or setting aside of rights and obligations arising under a contract
of employment, or another arrangement for employment, that a court or tribunal
finds is unfair,
(q) rights or remedies incidental to a matter referred to in
a preceding paragraph of this definition,
except to the extent that the
Fair Work Act 2009 of the Commonwealth, as originally enacted, deals with the
matter (directly or indirectly), or requires or permits instruments made or
given effect under the Commonwealth Fair Work Act so to deal with the matter.
"express amendment" of the Commonwealth Fair Work Act means the direct
amendment of the text of that Act (whether by the insertion, omission, repeal,
substitution or relocation of words or matter), but does not include the
enactment by a Commonwealth Act of a provision that has, or will have,
substantive effect otherwise than as part of the text of the Commonwealth
Fair Work Act.
"initial referred provisions" means the scheduled text, to the extent to which
that text deals with matters that are included in the legislative powers of
the Parliament of the State.
"law enforcement officer" means:
(a) a member of the NSW Police Force, or
(b)
a police cadet or special constable.
"local government sector employee" means an employee of any of the following:
"referred subject matters" means any of the following:
(a) terms and
conditions of employment, including any of the following:
(i) minimum terms
and conditions of employment (including employment standards and minimum
wages),
(ii) terms and conditions of employment contained in instruments
(including instruments such as awards, determinations and enterprise-level
agreements),
(iii) bargaining in relation to terms and conditions of
employment,
(iv) the effect of a transfer of business on terms and conditions
of employment,
(b) terms and conditions under which an outworker entity may
arrange for work to be performed for the entity (directly or indirectly), if
the work is of a kind that is often performed by outworkers,
(c) rights and
responsibilities of persons, including employees, employers, independent
contractors, outworkers, outworker entities, associations of employees or
associations of employers, being rights and responsibilities relating to any
of the following:
(i) freedom of association in the context of workplace
relations, and related protections,
(ii) protection from discrimination
relating to employment,
(iii) termination of employment,
(iv) industrial
action,
(v) protection from payment of fees for services related to
bargaining,
(vi) sham independent contractor arrangements,
(vii) standing
down employees without pay,
(viii) union rights of entry and rights of access
to records,
(d) compliance with, and enforcement of, the Commonwealth
Fair Work Act,
(e) the administration of the Commonwealth Fair Work Act,
(f)
the application of the Commonwealth Fair Work Act,
(g) matters incidental or
ancillary to the operation of the Commonwealth Fair Work Act or of instruments
made or given effect under the Commonwealth Fair Work Act,
(b) a law of this State
relating to workplace relations or industrial relations,
to the regime
provided for by the Commonwealth Fair Work Act.
"scheduled text" means the text set out in Schedule 1.
"State public sector employee" means the following:
(a) a member of the
Government Service of New South Wales, the NSW Health Service, the Teaching
Service of New South Wales or any other service of the Crown in right of the
State (including an employee of any New South Wales government agency),
(b)
an employee of a body established for a public purpose that is subject to
control or direction by a Minister of the State or in which the State has a
controlling interest,
but does not include an employee of the following:
(c) a
State owned corporation or a subsidiary of a State owned corporation,
(d) a
person or body declared by or under an Act not to be or not to represent the
Crown in right of the State or not to be a New South Wales government agency.
(2) Words
or phrases in the definition of
"excluded subject matter" or the definition of
"referred subject matters" that are defined in the Commonwealth Fair Work Act
(other than in Division 2B of Part 1-3 of that Act) have the meanings set out
in that Act as in force on 1 July 2009.