(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extent that the Fair Work Act 2009 (Cwlth) , as originally enacted, deals with
the matter (directly or indirectly), or requires or permits instruments made
or given effect under the Commonwealth Fair Work Actso to deal with the
matter.
"express amendment" of the Commonwealth Fair Work Actmeans 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.
"fundamental workplace relations principles" see section 4.
"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.
(d) a registry or other administrative office of a court or
tribunal of the State of any jurisdiction;
(e) an agency, authority,
commission, corporation, instrumentality, office, or other entity, not
otherwise mentioned in a preceding paragraph, established under an Act or
under State authorisation for a public or State purpose;
(f) a chief
executive of, or part of, an entity mentioned in a preceding paragraph;
but
does not include the following—
(g) a GOC;
(h) an entity mentioned in
schedule 1 ;
(i) a chief executive of an entity mentioned in paragraphs (g)
and (h) .
"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 Actor
of instruments made or given effect under the Commonwealth Fair Work Act;
(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 Acthave, in that definition, the meanings set out in that Act as in force on 1
July 2009.
(3) For the purposes of the Commonwealth Fair Work Act, the
Commissioner of the Police Service is to be taken to be an employer of
law enforcement officers of the State.