Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"award" includes a pre-reform award within the meaning of the Workplace Relations Act 1996 of the Commonwealth, a transitional award within the meaning of Schedule 6 to that Act and any other instrument in the nature of an award;
"body" includes a partnership and a trust;
"Commonwealth legislation" means the Workplace Relations Act 1996 of the Commonwealth and any regulations made under that Act;
"deduction" means any amount comprising part of an employee's wages that is
not paid to the employee including (but not limited to) any amount withheld in
accordance with a salary sacrifice arrangement or paid to another person on
behalf of the employee;
s. 3
"Department" means Department of Innovation, Industry and Regional Development;
"domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"employee" includes a former employee and a prospective employee;
"employer" includes a former employer and a prospective employer;
employment placement service has the meaning given in section 10;
"executive officer", in relation to a body (whether or not incorporated), means—
(a) a director, secretary or member of the committee of management of the body (by whatever name called); or
(b) in the case of a partnership, a member of the partnership; or
(c) any other person who is concerned with, or takes part in, the management of the body, whether or not the person's position is given the name of executive officer;
"industrial instrument" means an award, agreement or standard that is given effect to or continued in effect by the Commonwealth legislation and is applicable to a Victorian employer and one or more employees or to Victorian employers and employees;
"multiple deduction" means a deduction made on 2 or more occasions and
includes a deduction that may continue for an indefinite period;
s. 3
"organisation" means a trade union within the meaning of the Commonwealth legislation;
"person" includes a body (whether or not incorporated);
related party has the meaning given in section 4;
"relative", in relation to a person, means—
(a) the spouse or domestic partner of the person; or
(b) a parent, son, daughter, brother or sister of the person; or
(c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the person;
"relevant financial interest" means—
(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business; or
(c) any entitlement to receive any payment as a result of money advanced;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in any directorial, managerial or executive decision; or
(b) to elect or appoint any person as an executive officer;
"wages" means the amount to which an employee is entitled in respect of
services performed by the employee including (but not limited to) salary,
income, allowances, overtime payments, leave payments, termination payments,
bonuses, gratuities and commissions but not including payments in kind or the
value of payments in kind (for example, the provision of a motor vehicle or
other goods or services) made in accordance with a remuneration package agreed
between the employee and the employer.
s. 3
(2) For the purposes of the definition of domestic partner in subsection (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.
(3) For the purposes of this Act a deduction is not to be taken to be for the direct or indirect financial benefit of an employer or a related party of an employer only because part of it comprises an amount intended to cover the reasonable administration costs incurred, or to be incurred, in processing the payment of the balance of the deduction to a third party on behalf of the employee.