INDUSTRIAL RELATIONS ACT 2016 - SCHEDULE 5

INDUSTRIAL RELATIONS ACT 2016 - SCHEDULE 5

SCHEDULE 5 – Dictionary

"act" , for chapter 12 , part 13 , see section 826 .


"action" , for chapter 8 , part 1 , includes omission.


"administer" , for chapter 11 , part 5 , see section 525 .


"administrator" , for an organisation or a branch of an organisation, means an administrator appointed for the organisation or branch under section 870 .


"adoption leave" , for chapter 2 , part 3 , division 8 , see section 57 .


"adverse action" , for chapter 8 , part 1 , see section 282 .


"amalgamated organisation" , for chapter 12 , part 14 , see section 838 .


"amalgamation" , for chapter 12 , see section 595 .


"amalgamation ballot" , for chapter 12 , part 14 , see section 838 .


"amalgamation day" , for chapter 12 , part 14 , see section 838 .


"amount in relation to employment" ...


"apparent employer" , for chapter 9 , part 2 , division 4 , see section 381 .


"applicable industrial instrument" , for chapter 2 , see section 14 .


"applicant" , for a relevant incorporation Act application, for chapter 11 , part 8A , see section 578C (2) .


"applies to" —

(a) in relation to a modern award, see section 153 ; or

(b) in relation to a bargaining instrument, see section 220 .

(a) to give evidence;

(b) to produce a stated document or thing;

(c) another purpose specified in the notice.

(a) generally, means—

(i) a modern award; or

(ii) a bargaining award; or

(iii) an award continued in force under this Act; and

(b) for chapter 4 , part 5 , division 3 —includes a federal award.

(a) a craft, manufacture, occupation, trade, undertaking or vocation; or

(b) a section of something mentioned in paragraph (a) .

(a) for an employee’s wages payable under an industrial instrument or permit or under section 22 ; or

(b) for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit; or

(c) for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit; or

(d) for amounts payable, with an employee’s written consent, from an employee’s wages; or

(e) under chapter 9 , part 2 , division 2 ; or

(f) for amounts payable for a tool allowance under section 137 ; or

(g) for damages for contravention of an agreement made under an industrial instrument; or

(h) for damages suffered by an employee because the employer fails to pay the employee’s wages; or

(i) for compensation under section 121 .

(a) generally—see section 429 ; or

(b) for schedule 2 —see schedule 2 , section 1 .

(a) a decision of the court, the commission, a magistrate or the registrar; or

(b) an award, declaration, determination, direction, judgment, order or ruling; or

(c) an agreement approved, certified, or amended by the commission and an extension of the agreement; or

(d) a bargaining award made or amended by the commission.

(a) a dispute arising between 2 or more organisations, or within an organisation, about the rights, status or functions of members of the organisations or organisation in relation to the employment of the members; and

(b) a dispute arising between employers and employees, or between members of different organisations, about the demarcation of functions of employees or classes of employees; and

(c) a dispute about the representation under this Act of the industrial interests of employees by an employee organisation.

(a) a deputy president (court); or

(b) a person appointed as a deputy president of the commission under section 441 .

(a) is qualified for a disability support pension under the Social Security Act 1991 (Cwlth) , section 94 or 95 ; or

(b) would be qualified for a disability support pension but for section 94 (1) (e) or 95 (1) (c) of that Act.

(a) generally—see section 7 ; and

(b) for chapter 4 —see section 168 ; and

(c) for chapter 9 , part 2 —see also section 355 .

(a) a dependent child of the employee; or

(b) any other immediate family member who is in need of care or support.

(a) an enterprise agreement or an individual flexibility arrangement under the Commonwealth Fair Work Act ; or

(b) an Australian workplace agreement, or a certified agreement, under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .

(a) a modern award under the Commonwealth Fair Work Act ; or

(b) an award under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .

(a) a fair work instrument under the Commonwealth Fair Work Act ; or

(b) an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) , schedule 3 , part 2 ; or

(c) a Division 2B State instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .

(a) the employee’s spouse; and

(b) a child, ex-nuptial child, stepchild, adopted child, foster child, ex-foster child, parent, grandparent, grandchild or sibling of the employee or employee’s spouse.

(a) an industrial matter; and

(b) an industrial dispute; and

(c) a work-related matter under the Anti-Discrimination Act 1991 ; and

(d) another matter within the jurisdiction of the commission.

(a) a dispute, including a threatened or probable dispute, about an industrial matter; or

(b) a situation that is likely to give rise to a dispute about an industrial matter.

(a) an award; or

(b) a certified agreement; or

(c) an arbitration determination; or

(d) a code of practice under section 389 ; or

(e) an order under chapter 2 , part 5 or 6 .

(a) this Act; or

(b) another Act regulating the relationships between employers and employees.

(a) an employee organisation;

(b) an association of employees that is eligible for registration under chapter 12 within the meaning of section 483A (1) ;

(c) an employer organisation;

(d) an association of employers that is eligible for registration under chapter 12 within the meaning of section 483A (2) ;

(e) a branch of an organisation or association mentioned in paragraph (a) , (b) , (c) or (d) .

(a) to compel or induce employees to agree to employment conditions or to comply with demands made on them by the employer, or another employer, contrary to this Act; or

(b) to cause loss or inconvenience to employees; or

(c) to incite, instigate, aid, abet or procure another lockout; or

(d) to help another employer to compel or induce employees to agree to employment conditions or comply with demands made by the other employer.

(a) of the court means the president, the vice-president or a deputy president (court); or

(b) of the commission means a commissioner.

(a) conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth; or

(b) gross misbehaviour or gross neglect of duty in the office.

(a) an award made under chapter 3 ; or

(b) an award taken to have been made under section 229 .

(a) proposes to establish at a new workplace; or

(b) is establishing at a new workplace; or

(c) is relocating to a new workplace;

(a) for sections 35 (2) (a) and 98 (1) (b) , if the employee is a public service employee—the rate the instrument, award or agreement states is payable for ordinary time in relation to the employee’s substantive position; or

(b) otherwise—the rate the instrument, award or agreement states is payable for ordinary time.

(a) pack, process, or work on articles or material; or

(b) carry out clerical work.

(a) in relation to a bargaining instrument or proposed bargaining instrument, for chapter 4 , see section 168 ; or

(b) to an industrial dispute, means any of the parties between which the industrial dispute exists.

(a) a students permit; or

(b) an aged or infirm persons permit.

(a) generally, means—

(i) any land, building, structure, vehicle, vessel or aircraft; or

(ii) any part of a thing mentioned in subparagraph (i) ; and

(b) for chapter 13 —see section 898 .

(a) the following days—

• New Year’s Day (1 January)

• Australia Day (26 January)

• Good Friday

• Easter Saturday (the day after Good Friday)

• Easter Sunday (the Sunday after Good Friday)

• Easter Monday (the Monday after Good Friday)

• Anzac Day (25 April)

• Labour Day (the first Monday in May)

• Birthday of the Sovereign (the first Monday in October)

• Christmas Day (25 December)

• Boxing Day (26 December)

• another day appointed as a public holiday under the Holidays Act 1983 , sections 2 and 11 to 15 ; or

(b) a day appointed under the Holidays Act 1983 to be a substitute holiday for a day mentioned in paragraph (a) ; or

(c) a show holiday; or

(d) for working out a person’s entitlements under this Act or an industrial instrument—the part-day that is a public holiday under the Holidays Act 1983 , section 2 (3) .

(a) for a person to whom an industrial instrument or permit applies—wages at a rate less than that provided for under the industrial instrument or permit; or

(b) for a person to whom section 22 applies—wages at a rate less than the Queensland minimum wage.

(a) works less than full-time ordinary working hours; and

(b) has reasonably predictable hours of work; and

(c) is entitled to receive, on a proportionate basis, equivalent wages and employment conditions to those specified in an industrial instrument for full-time employees who do the same type of work.

(a) the wage or salary payable to an employee; and

(b) amounts payable or other benefits made available to an employee under a contract of employment.

(a) is a student studying at a secondary school or tertiary institution; and

(b) has entered into an arrangement about the apprenticeship or traineeship with the school or institution and the employer.

(a) engages in unwelcome conduct of a demeaning nature in relation to the harassed person on the basis of—

(i) the harassed person’s sex or gender; or

(ii) a characteristic a person of the harassed person’s sex or gender generally has; or

(iii) a characteristic often imputed to a person of the harassed person’s sex or gender; or

(iv) a sex or gender the harassed person is presumed to have, or to have had at any time, by the person engaging in the conduct; or

(v) a sex or gender the harassed person has had, even if the harassed person did not have that sex or gender at the time of the conduct; and

(b) engages in the conduct—

(i) with the intention of offending, humiliating or intimidating the harassed person; or

(ii) in circumstances in which a reasonable person would have anticipated the possibility that the harassed person would be offended, humiliated or intimidated by the conduct.

1
"Strike" means the conduct of 2 or more employees employed or formerly employed by an employer, if—

(a) the conduct is any of the following—

(i) a wilful failure to perform work required under the employees’ contracts of employment;

(ii) the performance of work by the employees in a way that it is not customarily performed;

(iii) the adoption of a practice or strategy by the employees resulting in a restriction, limitation or delay in the performance of work or a restriction or limitation of the product of work;

(iv) a ban, restriction or limitation on the performance of work or accepting or offering work;

(v) a wilful failure of the employees to attend work that is not allowed by the employer;

(vi) a wilful failure of the employees to perform work in a way that is not allowed by the employer; and

(b) the conduct occurs because of a combination, agreement or understanding, express or implied, entered into by the employees for any of the following purposes—

(i) to compel or induce an employer to agree to employment conditions;

(ii) to compel or induce an employer to employ or stop employing a person or class of persons;

(iii) to compel or induce an employer to comply with demands made by the employees or any other employee;

(iv) to help employees in the employment of another employer to compel or induce the other employer in a way mentioned in subparagraph (i) , (ii) or (iii) ;

(v) to cause loss or inconvenience to an employer in the conduct of business;

(vi) to incite, instigate, aid, abet or procure another strike.

2 Also,
"strike" includes conduct capable of constituting a strike under paragraph (a) even though the conduct relates to only part of the functions the employees must perform in their employment.

3 However,
"strike" does not include action by an employee if—

(a) the action was based on a reasonable concern by the employee about an imminent risk to the employee’s health or safety; and

(b) the employee did not unreasonably contravene a direction of the employee’s employer to perform other available work at the employee’s workplace, or another workplace, that was safe and appropriate for the employee to perform.

(a) for chapter 9 , part 1 , see section 336 ; or

(b) for chapter 9 , part 1 , division 5 , subdivision 2 , see section 349 .

(a) for an apprentice—an apprenticeship contract; or

(b) for a trainee—a traineeship contract.

(a) either by—

(i) operation of law; or

(ii) agreement, including an agreement effected by a third person; and

(b) either before or after the commencement of this Act.

(a) an amount payable to an employee for—

(i) work performed, or to be performed, by the employee; or

(ii) a public holiday; or

(iii) leave the employee is entitled to; or

(iv) termination of employment; or

(b) a salary; or

(c) an amount payable from wages for the employee, with the employee’s written consent.