Victorian Consolidated Legislation

Fair Work (Commonwealth Powers) Act 2009 - SECT 9

PART 4 AMENDMENT OF THE LONG SERVICE LEAVE ACT 1992

Definitions

9. Definitions

In section 4 of the Long Service Leave Act 1992-

   (a)  for the definition of employment agreement substitute-

"employment agreement means the agreement (whether written or oral) under
which an employee is employed and includes-

   (a)  a federal agreement;

   (b)  any terms and conditions of employment to which an employee is
        entitled under-

   (i)  any federal award;

   (ii) any federal determination;

   (iii) any federal wage setting instrument;";

   (b)  for the definition of organisation substitute-

"organisation means-

   (a)  an organisation of employees;

   (b)  an association of employees that is registered or recognised as a
        trade union (however described) under the law of a State or a
        Territory of the Commonwealth;

   (c)  an association of employees, a principal purpose of which is the
        protection and promotion of the employees' interests in matters
        concerning their employment;";

   (c)  insert the following definitions-

"Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth;
Fair Work Transition Act means the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of
the Commonwealth; federal agreement means-

   (a)  a certified agreement or an Australian Workplace Agreement made under
        the Workplace Relations Act 1996 of the Commonwealth, as in force
        immediately before 27 March 2006; or

   (b)  a workplace agreement within the meaning of the Workplace Relations
        Act 1996 of the Commonwealth (as in force before the WR Act repeal
        day);

   (c)  any-

   (i)  pre-reform certified agreement; or

   (ii) Australian Workplace Agreement; or

   (iii) pre-reform Australian Workplace Agreement; or

   (iv) workplace agreement; or

   (v)  Individual Transitional Employment Agreement- that is a transitional
        instrument that continues in existence or is made under the Fair Work
        Transition Act;

   (d)  any enterprise agreement within the meaning of the Commonwealth
        Fair Work Act; federal award means-

   (a)  an award made under the Workplace Relations Act 1996 of the
        Commonwealth (as in force before the WR Act repeal day);

   (b)  an award that is a transitional instrument that continues in existence
        under the Fair Work Transition Act;

   (c)  a transitional award or common rule that continues in existence under
        the Fair Work Transition Act;

   (d)  any other award-based transitional instrument under the Fair Work
        Transition Act;

   (e)  any award, that is taken to be a modern award under the Fair Work
        Transition Act;

   (f)  any other modern award, within the meaning of the Commonwealth
        Fair Work Act;



federal determination means-

   (a)  any workplace determination that continues in existence under the Fair
        Work Transition Act;

   (b)  any workplace determination within the meaning of the Commonwealth
        Fair Work Act; federal wage setting instrument means-

   (a)  any transitional minimum wage instrument that continues in existence
        under the Fair Work Transition Act;

   (b)  any national minimum wage order within the meaning of the Commonwealth
        Fair Work Act; WR Act repeal day has the same meaning as in the Fair
        Work Transition Act.".