Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"award" means an award, order, industrial agreement, determination or common rule declaration in force at the time of the employment of the employee under the Workplace Relations Act 1996 of the Commonwealth.
"casual employee" means a person who has entered into an arrangement with an employer under which:
(a) the employment is irregular and not on fixed days or at fixed times;
(b) employment is available and the person works only when required by the employer; and
(c) there is no continuing contract of employment with the employer requiring the person to work on a subsequent occasion at a specified time.
"employee" means a person to whom this Act applies who has entered into or works under a contract of service with an employer, whether the contract is express or implied, oral or in writing, on salary, wages or piecework rates or as a member of a butty gang, full-time or part-time, or casual or as an outworker, and includes an apprentice and a person remunerated by piecework rates.
"ordinary pay", in relation to an employee, means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay of the employee and ordinary rate of pay has a corresponding meaning.
"ordinary time rate of pay" means:
(a) in the case of an employee who is remunerated in relation to an ordinary time rate of pay fixed by the terms of employment of the employee, the time rate of pay so fixed; or
(b) in the case of an employee:
(i) who is remunerated otherwise than in relation to an ordinary time rate of pay so fixed, or partly in relation to an ordinary time rate of pay so fixed and partly in relation to any other manner; or
(ii) where no ordinary time rate of pay is so fixed for an employee's work under the terms of the employment,
the average time rate of pay earned by the employee during the period actually worked by the employee in the service of the employer during the period of 12 months immediately preceding the date when the employee enters on leave or preceding the termination of the employment of the employee or the death of the employee, as the case may be.
"public holiday" means a day that is declared to be a public holiday under this Act.
"working day" means a day other than a public holiday or a Sunday.
(2) Where, by a provision of a law that governs an award applying to an employee in the Territory, a person is deemed, for the purposes of that law, to be the employer of another person, the person so deemed to be an employer shall, for the purposes of this Act, be deemed to be the employer of that other person.