FAIR WORK ACT 2009 - SECT 12 The Dictionary
FAIR WORK ACT 2009 - SECT 12
The DictionaryIn this Act:
"AAT presidential member" means a person who is a presidential member of the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 .
"accommodation arrangement" : see subsections 521A(1) and (2).
"action" includes an omission.
"adoption-related leave" : see subsection 67(5).
"adverse action" : see section 342.
(a) for a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2 - 4: see subsection 207(2); and
(b) for a variation of an enterprise agreement under Subdivision AA, AB or AC of Division 7 of Part 2 - 4 to add an employer to a supported bargaining agreement or a cooperative workplace agreement: means an employee employed by the employer at the time the variation is made who will be covered by the agreement if the variation is approved (or made) by the FWC; and
(c) for a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2 - 4 (variation of single interest employer agreement to add employer and employees): see paragraphs 216D(1)(b) and 216DB(1)(b); and
(d) for a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2 - 4 (variation of multi - enterprise agreement to remove employer and employees): see paragraph 216E(1)(b).
(a) in relation to an entry under Subdivision A of Division 2 of Part 3 - 4: see subsection 482(2); and
(aa) in relation to an entry under section 483A other than a designated outworker terms entry: see paragraph 483B(3)(a); and
(ab) in relation to a designated outworker terms entry under section 483A: see paragraph 483B(3)(b); and
(b) in relation to an entry in accordance with Division 3 of Part 3 - 4: see paragraph 495(2)(a); and
(c) in relation to a State or Territory OHS right to inspect or otherwise access an employee record: see paragraph 495(2)(b).
"affected member certificate" : see subsection 520(1).
"Age Discrimination Commissioner" means the Age Discrimination Commissioner appointed under the Age Discrimination Act 2004 .
"aggrieved person" in relation to an alleged contravention of Division 2 of Part 3 - 5A (prohibiting sexual harassment in connection with work): see subsection 527F(1).
"agreed terms" for a workplace determination: see section 274.
"agreed to" in relation to a termination of an enterprise agreement: see section 221.
"alternative protected rate of pay order" : see subsection 306M(2).
"annual rate" of an employee's guaranteed annual earnings: see subsection 330(3).
"annual wage review" : see subsection 285(1).
"anti-discrimination law" : see subsection 351(3).
"apparent indirectly responsible entity" : see subsection 789CC(2).
"applicable agreement-derived long service leave terms" : see subsection 113(5).
"applicable award-derived long service leave terms" : see subsection 113(3).
"applicable time" : see subsection 23B(2).
"application or complaint under another law" : see subsection 732(2).
(a) in relation to a modern award: see section 47; and
(b) in relation to an enterprise agreement: see section 52; and
(c) in relation to a copied State instrument: see section 768AM.
"applies to employment generally" : see subsection 26(4).
(a) of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d) or 177(c); and
(b) of an insolvency practitioner includes a person becoming an insolvency practitioner:
(i) by taking possession or control of property; or
"appropriate safe job" : see subsection 81(3).
"approved by the FWC" , in relation to an enterprise agreement, means approved by the FWC under section 186 or 189.
"arbitrated protected rate of pay order" : see subsection 306Q(1).
"associated entity" has the meaning given by section 50AAA of the Corporations Act 2001 .
"Australia" means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.
"Australian-based employee" : see subsections 35(2) and (3).
"Australian employer" : see subsection 35(1).
"Australian ship" means a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981 .
"authority documents" : see subsection 489(3).
"available parental leave period" : see subsection 75(2).
"award/agreement free employee" means a national system employee to whom neither a modern award nor an enterprise agreement applies.
"award covered employee" for an enterprise agreement: see subsection 193(4).
"award modernisation process" means:
(a) the process of making modern awards under Part 10A of the Workplace Relations Act 1996 , as continued by Part 2 of Schedule 5 of the Transitional Act; and
(b) the enterprise instrument modernisation process provided for by Part 2 of Schedule 6 of the Transitional Act; and
(c) the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Transitional Act.
"ballot paper" : see subsection 455(2).
" Bankruptcy Act 1966" : a reference to the Bankruptcy Act 1966 or a provision of that Act is a reference to that Act or provision:
(a) applying of its own force; or
(b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.
"bankruptcy trustee" of a person means the trustee under the Bankruptcy Act 1966 of the person's estate in bankruptcy.
"bargaining order" : see subsection 229(1).
"bargaining representative" for a proposed enterprise agreement: see sections 176 and 177.
"bargaining services" : see subsection 353(3).
"bargaining services fee" : see subsection 353(2).
"base rate of pay" : see section 16.
"birth-related leave" : see subsection 67(4).
(a) includes the act of expressing milk; and
(i) an act of breastfeeding; and
(ii) breastfeeding over a period of time.
"bullied at work" : see subsection 789FD(1).
"cash or in kind payment" : see subsection 536F(4).
"casual employee" : see section 15A.
"child" of a person: see subsection 17(1).
"civil remedy provision" : see subsections 539(1) and (3).
"close relative" : see subsection 106B(3).
"Commissioner" means a Commissioner of the FWC.
"common requirements" in relation to industrial action: see section 413.
"Commonwealth" means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.
"Commonwealth authority" means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth; or
(i) incorporated under a law of the Commonwealth or a State or a Territory; and
(ii) in which the Commonwealth has a controlling interest.
"Commonwealth Ombudsman" means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976 .
"Commonwealth outworker entity" means an entity that is an outworker entity otherwise than because of section 30F or 30Q.
Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.
"Commonwealth place" means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.
"compassionate leave" means compassionate leave to which a national system employee is entitled under section 104.
"complaint about an FWC Member" means a complaint referred to in paragraph 581A(1)(a) or section 641A.
(a) the President; or
(b) a person who is authorised by the President under subsection 581A(3); or
(c) a person who is a member of a body that is authorised by the President under subsection 581A(3).
"compliance powers" : see section 703.
"compliance purposes" : see subsection 706(1).
"conduct" includes an omission.
"conduct" of a protected action ballot: see subsection 458(5).
"connected with a Territory" : an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:
(a) at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;
(b) the work is to be performed in such a Territory;
(c) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;
(d) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.
Note: In this context, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see the definition of Australia ).
"consistent with the Small Business Fair Dismissal Code" : see subsection 388(2).
(a) in relation to a transferring employee--see subsection 768BD(1); and
(b) in relation to a non - transferring employee--see subsection 768BG(1).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutionally-covered business" : see subsection 789FD(3).
"constitutionally-covered entity" : see subsection 338(2).
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(c) between a State and a Territory; or
(a) the continental shelf (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories); and
(b) the Greater Sunrise special regime area (as defined in the Seas and Submerged Lands Act 1973 ).
"continuous service" has a meaning affected by section 22.
cooperative workplace agreement ": a multi" - enterprise agreement is a cooperative workplace agreement if there was no supported bargaining authorisation or single interest employer authorisation in operation in relation to the agreement immediately before the agreement was made.
"copied State award" : see subsection 768AI(1).
"copied State collective employment agreement" : see subsection 768AK(4).
"copied State employment agreement" : see subsection 768AK(1).
"copied State individual employment agreement" : see subsection 768AK(5).
"copied State instrument" : see section 768AH.
"corporate MySuper product" : see subsection 23A(3).
" Corporations Act 2001" : the reference to the Corporations Act 2001 in the definitions of insolvency practitioner and liquidator in this section is a reference to that Act:
(a) applying of its own force; or
(b) applying, with or without modifications, because of a law of the Commonwealth, a State or a Territory.
(a) in relation to a modern award (other than a modern enterprise award): see section 143; and
(b) in relation to a modern enterprise award: see section 143A; and
(c) in relation to a State reference public sector modern award: see section 143B.
"covered employment instrument" means:
(a) an enterprise agreement; or
(b) a workplace determination; or
(c) a determination under section 24 of the Public Service Act 1999 that applies to a class of APS employees in an Agency (within the meaning of that Act); or
(d) an instrument made under any other law of the Commonwealth (other than this Act), or of a State or a Territory, that provides for the terms and conditions of employment for a class of national system employees of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory; or
(e) any other instrument relating to the employment of a class of national system employees that:
(i) is made under a law of the Commonwealth (other than this Act) or a State or Territory; and
(ii) is prescribed by the regulations.
(a) in relation to a modern award: see section 48; and
(b) in relation to an enterprise agreement: see section 53; and
(c) in relation to a workplace determination: see section 277; and
(d) in relation to a copied State instrument: see section 768AN.
"day of placement" : see subsection 67(6).
"de facto partner" of a person means:
(a) another person who, although not legally married to the first person, lives with the first person in a relationship as a couple on a genuine domestic basis (whether the first person and the other person are of the same sex or different sexes); or
(b) a former de facto partner (within the meaning of paragraph (a)) of the first person.
"default fund employee" : see subsection 149C(2).
"default fund term" : see subsection 149C(2).
"Default Superannuation List" : see subsection 156B(1).
"defined benefit member" has the meaning given by the Superannuation Guarantee (Administration) Act 1992 .
"delegates' rights term" means a term in a fair work instrument that provides for the exercise of the rights of workplace delegates.
Note: The rights of workplace delegates are set out in section 350C, and a delegates' rights term must provide at least for the exercise of those rights.
"Deputy President" means a Deputy President of the FWC.
"designated emergency management body" : see subsections 195A(4) and (5).
"designated outworker term" of a modern award, enterprise agreement, workplace determination or other instrument, means any of the following terms, so far as the term relates to outworkers in the textile, clothing or footwear industry:
(a) a term that deals with the registration of an employer or outworker entity;
(b) a term that deals with the making and retaining of, or access to, records about work to which outworker terms of a modern award apply;
(c) a term imposing conditions under which an arrangement may be entered into by an employer or an outworker entity for the performance of work, where the work is of a kind that is often performed by outworkers;
(d) a term relating to the liability of an employer or outworker entity for work undertaken by an outworker under such an arrangement, including a term which provides for the outworker to make a claim against an employer or outworker entity;
(e) a term that requires minimum pay or other conditions, including the National Employment Standards, to be applied to an outworker who is not an employee;
(f) any other terms prescribed by the regulations.
"designated outworker terms entry" : see subsection 483A(5).
"directly" , when used in relation to TCF work: see section 17A.
"Disability Discrimination Commissioner" means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992 .
"discriminatory term" of an enterprise agreement: see section 195.
"dismissal remedy bargaining order application" : see subsection 726(2).
"dismissed" : see section 386.
"earnings" : see subsections 332(1) and (2).
"eligible community service activity" : see section 109.
"eligible protected action ballot agent" : see subsection 468A(1).
"eligible State or Territory court" means one of the following courts:
(a) a District, County or Local Court;
(b) a magistrates court;
(c) the Industrial Relations Court of South Australia;
(ca) the Industrial Court of New South Wales;
(d) any other State or Territory court that is prescribed by the regulations.
"employee" is defined in the first Division of each Part (other than Part 1 - 1) in which the term appears.
Note 1: The definition in the Part will define employee either as a national system employee or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.
Note 2: If the term has its ordinary meaning, see further subsections 15(1), 30E(1) and 30P(1).
Note 3: See also Division 2 of Part 6 - 4A (TCF contract outworkers taken to be employees in certain circumstances).
"employee A" , in relation to a transfer of business referred to in Part 6 - 3A: see subsections 768BD(1) and 768BG(1).
"employee claim action" : see section 409 and paragraph 471(4A)(c).
"employee couple" : 2 national system employees are an employee couple if each of the employees is the spouse or de facto partner of the other.
"employee organisation" means an organisation of employees.
"employee record" , in relation to an employee, means:
(a) something that is an employee record, in relation to the employee, for the purposes of the Privacy Act 1988 ; or
(b) in the case of a TCF contract outworker who is taken to be an employee by Division 2 of Part 6 - 4A of this Act--something that would be an employee record, in relation to the outworker, for the purposes of the Privacy Act 1988 , if the outworker were an employee for the purposes of that Act.
"employee response action" : see section 410 and paragraph 471(4A)(d).
"employee with a disability" means a national system employee who is qualified for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991 , or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.
"employer" is defined in the first Division of each Part (other than Part 1 - 1) in which the term appears.
Note 1: The definition in the Part will define employer either as a national system employer or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.
Note 2: If the term has its ordinary meaning, see further subsections 15(2), 30E(2) and 30P(2).
Note 3: See also Division 2 of Part 6 - 4A (TCF contract outworkers taken to be employees in certain circumstances).
"employer MySuper product" : see subsection 23A(1B).
"employer organisation" means an organisation of employers.
"employer response action" : see section 411.
"employing authority" : see subsection 795(6).
"end of the minimum bargaining period" : see subsection 235(5).
"engages in industrial activity" : see section 347.
"enterprise" means a business, activity, project or undertaking.
(a) a single - enterprise agreement; or
(b) a multi - enterprise agreement.
"entry notice" : see subsection 487(2).
"entry permit" : see section 512.
"equal remuneration for work of equal or comparable value" : see subsection 302(2).
Note: See also subsections 302(3A) to (3C) and (4) and (4A) for matters relevant to the meaning of equal remuneration for work of equal or comparable value .
"equal remuneration order" : see subsection 302(1).
"exclusive economic zone" means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973 ) of Australia (including its external Territories).
"exemption certificate" : see subsection 519(1).
"exempt public sector superannuation scheme" has the meaning given by the Superannuation Industry (Supervision) Act 1993 .
"Expert Panel" means an Expert Panel constituted under section 620.
"Expert Panel Member" means an Expert Panel Member of the FWC.
"extended notice of termination provisions" : see subsection 759(3).
"extended parental leave provisions" : see subsection 744(3).
"Fair Work Commission" or FWC means the body continued in existence by section 575.
"Fair Work Information Statement" : see subsection 124(1).
(a) a person appointed as a Fair Work Inspector under section 700; or
(b) the Fair Work Ombudsman in his or her capacity as a Fair Work Inspector under section 701.
(a) a modern award; or
(b) an enterprise agreement; or
(c) a workplace determination; or
"family and domestic violence" : see subsection 106B(2).
"Federal Court" means the Federal Court of Australia.
"first employer" , in relation to a transfer of employment: see subsection 22(7).
"first stage criteria" : see section 156F.
"first stage test" : see section 156Q.
"fixed platform" means an artificial island, installation or structure permanently attached to the sea - bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.
"Fixed Term Contract Information Statement" : see subsection 333J(1).
(a) in relation to a modern award--see subsection 144(1); and
(b) in relation to an enterprise agreement--see subsection 202(1).
"flexible day" : see subsection 74(3C).
"flexible unpaid parental leave" : see subsections 72A(1) and (2A).
"flight crew officer" means a person who performs (whether with or without other duties) duties as a pilot, navigator or flight engineer of aircraft, and includes a person being trained for the performance of such duties.
"franchise" has the meaning given by the Corporations Act 2001 .
"franchisee entity" of a franchise: see subsection 558A(1).
"Full Bench" means a Full Bench of the FWC constituted under section 618.
"full rate of pay" : see section 18.
"FWC" : see Fair Work Commission .
"FWC Member" means the President, a Vice President, a Deputy President, a Commissioner or an Expert Panel Member.
"FWO notice" : see subsection 712A(1).
"gender identity" has the meaning given by the Sex Discrimination Act 1984 .
"general building and construction work" : see subsection 23B(1).
"General Manager" means the General Manager of the FWC.
"general protections court application" : see subsection 368(4).
"general protections FWC application" : see subsection 727(2).
"general State industrial law" : see subsection 26(3).
"genuine redundancy" : see section 389.
"good faith bargaining requirements" : see section 228.
"greenfields agreement" : see subsection 172(4).
"guaranteed period" for a guarantee of annual earnings: see section 331.
"guarantee of annual earnings" : see subsection 330(1).
"guarantee of termination entitlements" : see subsection 226A(1).
"handle" a complaint about an FWC Member means do one or more of the following acts relating to the complaint:
(b) investigate the complaint;
(c) report on an investigation of the complaint;
(d) deal with a report of an investigation of the complaint;
(f) refer the complaint to a person or body.
"high income employee" : see section 329.
"high income threshold" : see section 333.
"host employment instrument" : see subsection 306E(6).
"ILO" means the International Labour Organization.
"immediate family" of a person means:
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person; or
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.
"independent advisor" for a protected action ballot means the person (if any) specified in the protected action ballot order as the independent advisor for the ballot.
"independent contractor" is not confined to an individual.
"indirectly" , when used in relation to TCF work: see section 17A.
"indirectly responsible entity" , in relation to TCF work performed by a TCF outworker: see subsections 789CA(3), (4) and (5).
"individual flexibility arrangement" :
(a) in relation to a modern award--see subsection 144(1); and
(b) in relation to an enterprise agreement--see paragraph 202(1)(a).
"industrial action" : see section 19.
"industrial action related workplace determination" : see subsection 266(1).
"industrial association" means:
(a) an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law; or
(b) an association of employees, or independent contractors, or both (whether formed formally or informally), a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors (as the case may be); or
(c) an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment and/or independent contractors;
(d) a branch of such an association; and
(e) an organisation; and
(f) a branch of an organisation.
(b) a court or commission (however described) performing or exercising, under an industrial law, functions and powers corresponding to those conferred on the FWC by this Act; or
(c) a court or commission (however described) performing or exercising, under a workplace law, functions and powers corresponding to those conferred on the FWC by the Registered Organisations Act.
(a) this Act; or
(b) the Registered Organisations Act; or
(c) a law of the Commonwealth, however designated, that regulates the relationships between employers and employees; or
(d) a State or Territory industrial law.
"Industry Minister" means the Minister administering the Australian Jobs Act 2013 .
"industry-specific redundancy scheme" means redundancy or termination payment arrangements in a modern award that are described in the award as an industry - specific redundancy scheme.
"Infrastructure Minister" means the Minister administering the Infrastructure Australia Act 2008 .
"insolvency practitioner" for an employer means:
(a) a liquidator of the employer; or
(b) an administrator of the employer appointed under the Corporations Act 2001 ; or
(c) a restructuring practitioner for the employer appointed under that Act; or
(d) a person appointed as a receiver of property of the employer; or
(e) a person who has possession or control of property of the employer for the purpose of enforcing:
(v) a security interest, within the meaning of the Personal Property Securities Act 2009 , to which that Act applies, other than a transitional security interest within the meaning of that Act; or
(f) a bankruptcy trustee of the employer.
"inspector" means a Fair Work Inspector.
"interim application period" : see paragraph 156N(2)(b).
"intersex status" has the meaning given by the Sex Discrimination Act 1984 .
"intractable bargaining declaration" : see section 234.
"intractable bargaining workplace determination" : see section 269.
"involved in" : see section 550.
"irregularity" , in relation to the conduct of a protected action ballot: see subsection 458(6).
"junior employee" means a national system employee who is under 21.
"jury service pay" : see subsection 111(6).
"jury service summons" : see subsection 111(7).
"keeping in touch day" : see subsections 79A(2) and (3).
"law enforcement officer" has the same meaning as in subsection 30K(1).
"lawyer" means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.
"liquidator" means a liquidator appointed (provisionally or otherwise) under the Corporations Act 2001 .
"local government employee" has the same meaning as in subsection 30K(1).
"local government employer" has the same meaning as in subsection 30K(1).
"lock out" : see subsection 19(3).
(a) in relation to an enterprise agreement: see section 182; and
(b) in relation to a variation of an enterprise agreement under Subdivision A of Division 7 of Part 2 - 4 (variation of enterprise agreements by employers and employees): see section 209; and
(c) in relation to a variation of an enterprise agreement under Subdivision AA of Division 7 of Part 2 - 4 (variation of supported bargaining agreement to add employer and employees (with consent)): see subsection 216A(4); and
(d) in relation to a variation of an enterprise agreement under Subdivision AC of Division 7 of Part 2 - 4 (variation of cooperative workplace agreement to add employer and employees): see subsection 216C(4); and
(e) in relation to a variation of an enterprise agreement under Subdivision AD of Division 7 of Part 2 - 4 (variation of single interest employer agreement to add employer and employees): see subsection 216D(5); and
(f) in relation to a variation of an enterprise agreement under Subdivision AE of Division 7 of Part 2 - 4 (variation of multi - enterprise agreement to remove employer and employees): see subsection 216E(7).
(a) a court constituted by a police, stipendiary or special magistrate; or
(b) a court constituted by an industrial magistrate; or
(c) the Local Court of the Northern Territory.
"majority support determination" : see subsection 236(1).
"maritime employee" means a person who is, or whose occupation is that of, a master as defined in subsection 14(1) of the Navigation Act 2012 , a seafarer as so defined or a pilot as so defined.
"medical certificate" means a certificate signed by a medical practitioner.
"medical practitioner" means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
"membership action" : see subsection 350(3).
"members' voluntary winding up" : see subsection 121(5).
"minimum employment period" : see section 383.
"minimum wages objective" : see subsection 284(1).
"miscarriage" means a spontaneous loss of an embryo or fetus before a period of gestation of 20 weeks.
"miscellaneous modern award" : see subsection 163(4).
"model consultation term" : see subsection 205(3).
"model flexibility term" : see subsection 202(5).
"modern award" means a modern award made under Part 2 - 3.
"modern award minimum wages" : see subsection 284(3).
"modern award powers" : see subsection 134(2).
"modern awards objective" : see subsection 134(1).
"modern enterprise award" : see subsection 168A(2).
"modern enterprise awards objective" : see subsection 168B(1).
"modifications" includes additions, omissions and substitutions.
"multi-enterprise agreement" means an enterprise agreement made as referred to in subsection 172(3).
"MySuper product" : see subsection 23A(1).
"named employer award" : see subsection 312(2).
"National Employment Standards" : see subsection 61(3).
"national minimum wage order" means a national minimum wage order made in an annual wage review.
"national system employee" : see section 13.
Note 1: Sections 30C and 30M extend the meaning of national system employee in relation to a referring State.
Note 2: See also Division 2 of Part 6 - 4A (TCF contract outworkers taken to be employees in certain circumstances).
"national system employer" : see section 14.
Note 1: Sections 30D and 30N extend the meaning of national system employer in relation to a referring State.
Note 2: See also Division 2 of Part 6 - 4A (TCF contract outworkers taken to be employees in certain circumstances).
(a) in relation to a transfer of business referred to in Part 2 - 8--see subsection 311(1); and
(b) in relation to a transfer of business referred to in Part 6 - 3A--see subsection 768AD(1).
(a) of an enterprise agreement approved under section 186, means the date specified in the agreement as its nominal expiry date; or
(b) of an enterprise agreement approved under section 189 (which deals with agreements that do not pass the better off overall test): see subsection 189(4); or
(c) of a workplace determination, means the date specified in the determination as its nominal expiry date; or
(d) of a copied State employment agreement: see subsection 768AO(5).
"non-excluded matters" : see subsection 27(2).
"non-member record or document" : see subsection 482(2A).
"non-monetary benefits" : see subsection 332(3).
"non-national system employee" means an employee who is not a national system employee.
"non-national system employer" means an employer that is not a national system employer.
(a) in relation to a transfer of business referred to in Part 2 - 8--see subsection 314(2); and
(b) in relation to a transfer of business referred to in Part 6 - 3A--see subsection 768BG(2).
"notification time" for a proposed enterprise agreement: see subsection 173(2).
"notified negotiation period" for a proposed single - enterprise agreement that is a greenfields agreement: see section 178B.
"notional flexible period" : see subsection 72A(6).
"objectionable emergency management term" of an enterprise agreement: see section 195A.
"objectionable term" means a term that:
(a) requires, has the effect of requiring, or purports to require or have the effect of requiring; or
(b) permits, has the effect of permitting, or purports to permit or have the effect of permitting;
(c) a contravention of Part 3 - 1 (which deals with general protections);
(d) the payment of a bargaining services fee.
"occupier" , of premises, includes a person in charge of the premises.
"office" , in an industrial association, means:
(a) an office of president, vice president, secretary or assistant secretary of the association; or
(b) the office of a voting member of a collective body of the association, being a collective body that has power in relation to any of the following functions:
(i) the management of the affairs of the association;
(ii) the determination of policy for the association;
(iii) the making, alteration or rescission of rules of the association;
(iv) the enforcement of rules of the association, or the performance of functions in relation to the enforcement of such rules; or
(c) an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:
(i) existing policy of the association; or
(ii) decisions concerning the association; or
(d) an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or
(e) the office of a person holding (whether as trustee or otherwise) property:
(ii) in which the association has a beneficial interest.
"Office of the Fair Work Ombudsman" means the body established by section 696.
"officer" , of an industrial association, means:
(a) an official of the association; or
(b) a delegate or other representative of the association.
"official" , of an industrial association, means a person who holds an office in, or is an employee of, the association.
"old employer" , in relation to a transfer of business: see subsection 311(1).
"old State employer" : see subsection 768AD(1).
"ordinary hours of work" of an award/agreement free employee: see section 20.
"organisation" means an organisation registered under the Registered Organisations Act.
"original State agreement" , in relation to a copied State employment agreement: see paragraph 768AK(1)(a).
"original State award" , in relation to a copied State award: see paragraph 768AI(1)(a).
(a) an employee who, for the purpose of the business of his or her employer, performs work at residential premises or at other premises that would not conventionally be regarded as being business premises; or
(b) an individual who, for the purpose of a contract for the provision of services, performs work:
(i) in the textile, clothing or footwear industry; and
(ii) at residential premises or at other premises that would not conventionally be regarded as being business premises.
"outworker entity" means any of the following entities, other than in the entity's capacity as a national system employer:
(a) a constitutional corporation;
(b) the Commonwealth;
(c) a Commonwealth authority;
(d) a body corporate incorporated in a Territory;
(i) the person arranges for work to be performed for the person (either directly or indirectly); and
(ii) the work is of a kind that is often performed by outworkers; and
(iii) the arrangement is connected with a Territory.
Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.
"outworker terms" : see subsection 140(3).
"paid agent" , in relation to a matter before the FWC, means an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter.
"paid annual leave" means paid annual leave to which a national system employee is entitled under section 87.
paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee is entitled under section "106A."
" paid no safe job leave" means paid no safe job leave to which a national system employee is entitled under section 81A.
"paid personal/carer's leave" means paid personal/carer's leave to which a national system employee is entitled under section 96.
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"partial work ban" : see subsection 470(3).
"part of a single enterprise" : see subsection 168A(6).
"passes the better off overall test" :
(a) in relation to an enterprise agreement that is not a greenfields agreement: see subsection 193(1); and
(b) in relation to a greenfields agreement: see subsection 193(3).
"pattern bargaining" : see section 412.
"peak council" means a national or State council or federation that is effectively representative of a significant number of organisations (within the ordinary meaning of the term) representing employers or employees in a range of industries.
"pecuniary penalty order" means an order under subsection 546(1).
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"period of employment" : see section 384.
"permissible occasion" : see sections 102 and 104.
"permit holder" means a person who holds an entry permit.
"permit qualification matters" : see subsection 513(1).
"permitted matters" in relation to an enterprise agreement: see subsection 172(1).
"pieceworker" : see section 21.
"pilot" , in relation to an aircraft, includes a pilot in command, co - pilot or pilot of any other description.
"post-declaration negotiating period" : see subsection 235A(1).
"post-industrial action negotiating period" : see subsection 266(3).
(a) any land, building, structure, mine, mine working, aircraft, ship, vessel, vehicle or place; and
(b) a part of premises (including premises referred to in paragraph (a)).
"pre-parental leave position" : an employee's pre-parental leave position , in relation to a particular period of unpaid parental leave, is:
(a) unless paragraph (b) applies, the position the employee held before starting the period of unpaid parental leave; or
(b) if, before starting the period of unpaid parental leave, the employee:
(i) was transferred to a safe job because of her pregnancy; or
(ii) reduced her working hours due to her pregnancy;
the position the employee held immediately before that transfer or reduction.
"prescribed State industrial authority" means a State board, court, tribunal, body or official prescribed by the regulations.
"President" means the President of the FWC.
"procedural rules" means the procedural rules of the FWC made under section 609.
"process or proceedings under a workplace law or workplace instrument" : see subsection 341(2).
"prohibited beneficiary" : see subsection 536F(5).
"protected action ballot" means a ballot conducted under Division 8 of Part 3 - 3.
"protected action ballot agent" for a protected action ballot means the person or entity that conducts the protected action ballot.
"protected action ballot order" : see subsection 437(1).
"protected employee" for a termination of an enterprise agreement under section 226: see subsection 226A(2).
"protected from unfair dismissal" : see section 382.
"protected industrial action" : see section 408.
"protected rate of pay" : see section 306F.
"public holiday" : see section 115.
"public sector employment" : see subsections 795(4) and (5).
"public sector employment law" : see subsection 40(3).
"reasonably foreseeable employee" for an enterprise agreement: see subsection 193(5).
"recognised emergency management body" : see subsection 109(3).
"recurring extended exemption period" : see subsection 306K(2).
"reduction in take-home pay" : see subsection 768BR(3).
"re-employment time" , in relation to a transferring employee covered by a transfer of business referred to in Part 6 - 3A: see subsection 768AE(3).
"registered employee association" means:
(a) an employee organisation; or
(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.
"Registered Organisations Act" means the Fair Work (Registered Organisations) Act 2009 .
"registered organisations officer or employee" : see section 536E.
"regular casual employee" : a national system employee of a national system employer is a regular casual employee at a particular time if, at that time:
(a) the employee is a casual employee; and
(b) the employee has been employed by the employer on a regular and systematic basis.
"regulated employee" : see subsection 306E(5).
"regulated host" : see section 306C.
"regulated labour hire arrangement order" : see subsection 306E(1).
"reinstatement" includes appointment by an associated entity in the circumstances provided for in an order to which subsection 391(1A) applies.
"related body corporate" has the meaning given by the Corporations Act 2001 .
"related party" has the same meaning as in the Registered Organisations Act.
"relevant affairs" , in relation to a registered organisations officer or employee, means the affairs of:
(a) if the registered organisations officer or employee is an officer or employee of an organisation--the organisation and any branch of the organisation, including the affairs of the members of the organisation or any of those branches; or
(b) if the registered organisations officer or employee is an officer or employee of a branch of an organisation--the branch, including the affairs of the members of the branch.
"relevant belief" : a person has a relevant belief in relation to a complaint about an FWC Member if:
(a) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances would justify considering:
(i) terminating the appointment of the FWC Member in accordance with section 641; or
(ii) (other than if the FWC Member is the President) suspending the FWC Member from office in accordance with section 642; or
(b) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances may:
(i) adversely affect, or have adversely affected, the performance of duties by the FWC Member; or
(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the FWC.
Note: Sections 641 and 642 deal with termination of appointment and suspension on the grounds of misbehaviour or incapacity.
"relevant employee organisation" , in relation to a greenfields agreement, means an employee organisation that is entitled to represent the industrial interests of one or more of the employees who will be covered by the agreement, in relation to work to be performed under the agreement.
"respondent" in relation to an alleged contravention of Division 2 of Part 3 - 5A (prohibiting sexual harassment in connection with work): see subsection 527F(1).
"responsible franchisor entity" for a franchisee entity: see subsection 558A(2).
"responsible person" , in relation to TCF work performed by a TCF outworker: see subsection 789CA(1).
"risk period" : see subsections 81(1) and (5).
"safety net contractual entitlement" means an entitlement under a contract between an employee and an employer that relates to any of the subject matters described in:
(a) subsection 61(2) (which deals with the National Employment Standards); or
(b) subsection 139(1) (which deals with modern awards).
"Schedule of Approved Employer MySuper Products" : see paragraph 156L(1)(a).
"school age" , for a child, means the age at which the child is required by a law of the State or Territory in which the child lives to attend school.
"school-based apprentice" means a national system employee who is an apprentice to whom a school - based training arrangement applies.
"school-based trainee" means a national system employee (other than a school - based apprentice) to whom a school - based training arrangement applies.
"school-based training arrangement" means a training arrangement undertaken as part of a course of secondary education.
"scope order" : see subsection 238(1).
"second employer" , in relation to a transfer of employment: see subsection 22(7).
(a) in relation to a standard MySuper product--see subsection 156H(2); and
(b) in relation to an employer MySuper product--see section 156S.
" section 179A disclosable benefit" : see subsection 179A(4).
" section 179 disclosable benefit" : see subsection 179(6).
"selected civil remedy provision" means a provision referred to in column 1 of item 1, 2, 3, 4, 5, 7, 8, 9, 10, 10A, 11A, 29, 29AA, 29A, 32, 33, 33A or 34 in the table in subsection 539(2).
"serious contravention" has the meaning given by section 557A.
"serious misconduct" has the meaning prescribed by the regulations.
"service" : see section 22.
"setting" modern award minimum wages: see subsection 284(4).
"Sex Discrimination Commissioner" means the Sex Discrimination Commissioner appointed under the Sex Discrimination Act 1984 .
"sexual harassment court application" : see subsection 527T(2).
"sexual harassment FWC application" : see subsection 734A(3).
"sexually harass" has the meaning given by section 28A of the Sex Discrimination Act 1984 .
Note: Other parts of speech and grammatical forms of "sexually harass" (for example, "sexual harassment") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
"ship" includes a barge, lighter, hulk or other vessel.
"single enterprise" : see section 168A.
"single-enterprise agreement" means an enterprise agreement made as referred to in subsection 172(2).
"single interest employer agreement" : a multi - enterprise agreement is a single interest employer agreement if a single interest employer authorisation was in operation in relation to the agreement immediately before the agreement was made.
"single interest employer authorisation" : see subsection 248(1).
"small business employer" : see section 23.
"Small Business Fair Dismissal Code" means the Small Business Fair Dismissal Code declared under subsection 388(1).
"small claims proceedings" means proceedings dealt with as small claims proceedings under section 548.
"special measure to achieve equality" : see subsections 195(4) to (6).
"spouse" includes a former spouse.
"standard application period" : see paragraph 156N(2)(a).
"standard MySuper product" : see subsection 23A(1A).
"State award" : see section 768AJ.
"State collective employment agreement" : see subsection 768AL(3).
"State employment agreement" : see subsections 768AL(1) and (2).
"State individual employment agreement" : see subsection 768AL(4).
"State industrial instrument" means an award, an agreement (whether individual or collective), or another industrial instrument or order, that:
(a) is made under, or recognised by, a law of a State that is a State or Territory industrial law; and
(b) determines terms and conditions of employment.
"State industrial law" means a law of a State that is a State or Territory industrial law.
"state of mind" : see subsection 793(3).
"State or Territory industrial law" : see subsection 26(2).
"State or Territory OHS law" : see subsection 494(3).
"State or Territory OHS right" : see subsection 494(2).
"State public sector employee" , of a State, means:
(a) an employee of a State public sector employer of the State; or
(b) any other non - national system employee in the State of a kind specified in the regulations;
and includes a law enforcement officer of the State but does not include a local government employee of the State.
"State public sector employer" , of a State, means a non - national system employer that is:
(a) the State, the Governor of the State or a Minister of the State; or
(b) a body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or
(c) a body corporate in which the State has a controlling interest; or
(d) a person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or
(e) any other employer in the State of a kind specified in the regulations;
and includes a non - national system employer of a law enforcement officer of the State but does not include a local government employer of the State.
"State reference public sector employee" : see subsection 168E(3).
"State reference public sector employer" : see subsection 168E(4).
"State reference public sector modern award" : see subsection 168E(2).
"State reference public sector modern awards objective" : see section 168F.
"step-child" : without limiting who is a step - child of a person, someone who is a child of the person's de facto partner is a step-child of a person, if he or she would be the person's step - child except that the person is not legally married to the de facto partner.
"stillborn" : see subsection 77A(2).
"stop sexual harassment order" : see paragraph 527F(1)(a).
"superannuation fund" means a superannuation fund or a superannuation scheme .
supported bargaining agreement ": a multi" - enterprise agreement is a supported bargaining agreement if a supported bargaining authorisation was in operation in relation to the agreement immediately before the agreement was made.
"supported bargaining authorisation" : see subsection 242(1).
"tailored MySuper product" : see subsection 23A(2).
"take-home pay" : see subsection 768BR(2).
"take-home pay order" : see subsection 768BS(1).
"TCF award" means an instrument prescribed by the regulations for the purposes of this definition.
"TCF award worker" : see subsection 483A(1A).
"TCF contract outworker" : see subsection 789BB(2).
"TCF outwork code" : see section 789DA.
"TCF outworker" means an outworker in the textile, clothing or footwear industry.
"TCF work" means work in the textile, clothing or footwear industry.
"termination of industrial action instrument" : see subsection 266(2).
"termination time" , in relation to a transferring employee covered by a transfer of business referred to in Part 6 - 3A: see subsection 768AE(2).
"territorial sea" , in relation to Australia, has the meaning given by Division 1 of Part II of the Seas and Submerged Lands Act 1973 .
"Territory employer" : see subsection 338(4).
"test time" : see subsection 193(6).
"this Act" includes the regulations.
"trade and commerce employer" : see subsection 338(3).
"training arrangement" means a combination of work and training that is subject to a training agreement, or a training contract, that takes effect under a law of a State or Territory relating to the training of employees.
"transferable instrument" : see subsection 312(1).
(a) for a transfer of business between a national system employer and another national system employer--see subsection 311(1); and
(b) for a transfer of business between a non - national system employer that is a State public sector employer and a national system employer--see subsection 768AD(1).
"transfer of employment" : see subsection 22(7).
"transfer of employment between associated entities" : see paragraph 22(8)(a).
"transfer of employment between non-associated entities" : see paragraph 22(8)(b).
(a) in relation to a transfer of business referred to in Part 2 - 8--see subsection 311(2); and
(b) in relation to a transfer of business referred to in Part 6 - 3A--see subsection 768AE(1).
(a) in relation to a transfer of business referred to in Part 2 - 8--see paragraph 311(1)(c); and
(b) in relation to a transfer of business referred to in Part 6 - 3A--see paragraph 768AD(1)(c).
"Transitional Act" means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
"transport arrangement" : see subsections 521B(1) and (2).
"unfair dismissal application" : see subsection 729(2).
"unfairly dismissed" : see section 385.
"unlawful term" of an enterprise agreement: see section 194.
"unlawful termination court application" : see subsection 776(4).
"unlawful termination FWC application" : see subsection 730(2).
"unpaid amount" , in relation to TCF work performed by a TCF outworker: see subsections 789CA(1) and (4).
"unpaid carer's leave" means unpaid carer's leave to which a national system employee is entitled under section 102.
"unpaid no safe job leave" means unpaid no safe job leave to which a national system employee is entitled under section 82A.
"unpaid parental leave" means unpaid parental leave to which a national system employee is entitled under section 70 .
"unpaid pre-adoption leave" means unpaid pre - adoption leave to which a national system employee is entitled under section 85 .
"unpaid special parental" leave means unpaid special parental leave to which a national system employee is entitled under section 80.
"varying" modern award minimum wages: see subsection 284(4).
"Vice President" means a Vice President of the FWC.
"vocational placement" means a placement that is:
(a) undertaken with an employer for which a person is not entitled to be paid any remuneration; and
(b) undertaken as a requirement of an education or training course; and
(c) authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.
"voluntary emergency management activity" : see subsection 109(2).
"volunteer" of a designated emergency management body: see subsection 195A(6).
"voting request order" : see subsections 240A(1), (2) and (4).
"waters above the continental shelf" means any part of the area in, on or over the continental shelf.
"waterside worker" has the meaning given by clause 1 of Schedule 2 to the Workplace Relations Act 1996 as in force immediately before the commencement of this section.
(aa) in Part 3 - 5A--see subsection 527D(2); and
(a) in Part 6 - 4B--see subsection 789FC(2); and
(b) otherwise--has its ordinary meaning.
"worker" in a business or undertaking: see subsection 527D(3).
"working day" means a day that is not a Saturday, a Sunday or a public holiday.
"workplace delegate" : see subsection 350C(1).
"workplace determination" means:
(b) an industrial action related workplace determination; or
(c) an intractable bargaining workplace determination.
"workplace instrument" means an instrument that:
(a) is made under, or recognised by, a workplace law; and
(b) concerns the relationships between employers and employees.
(a) this Act; or
(b) the Registered Organisations Act; or
(c) the Independent Contractors Act 2006 ; or
(d) any other law of the Commonwealth, a State or a Territory that regulates the relationships between employers and employees (including by dealing with occupational health and safety matters).
"workplace right" : see subsection 341(1).
"work value reasons" : see subsection 157(2A).