Commonwealth Repealed Acts Commonwealth Repealed ActsThis legislation has been repealed.
(1) In this Act, unless the contrary intention appears:
A.C.T. Consequential Provisions Act means the A.C.T. Self-Government (Consequential Provisions) Act 1988 .
"AFPC" has the meaning given by section 19.
"allowable award matters" means the matters referred to in subsection 513(1).
Note: The matters referred to in subsection 513(1) have a meaning that is affected by section 515.
"alternative dispute resolution process" has the meaning given by section 698.
"Anti-Discrimination Conventions" means:
(a) the Equal Remuneration Convention; and
(b) the Convention on the Elimination of all Forms of Discrimination against Women, a copy of the English text of which is set out in the Schedule to the Sex Discrimination Act 1984 ; and
(c) the Convention concerning Discrimination in respect of Employment and Occupation, a copy of the English text of which is set out in Schedule 1 to the Human Rights and Equal Opportunity Commission Act 1986 ; and
(d) Articles 3 and 7 of the International Covenant on Economic, Social and Cultural Rights.
"APCS" has the meaning given by section 178.
"applies to employment generally" : a law of a State or Territory applies to employment generally if it applies (subject to constitutional limitations) to:
(a) all employers and employees in the State or Territory; or
(b) all employers and employees in the State or Territory except those identified (by reference to a class or otherwise) by a law of the State or Territory.
For this purpose, it does not matter whether or not the law also applies to other persons, or whether or not an exercise of a power under the law affects all the persons to whom the law applies.
"arbitration powers" means the powers of the Commission in relation to arbitration.
"Australian-based employee" means:
(a) an employee whose primary place of work is in Australia, in Australia's exclusive economic zone or in, on, or over Australia's continental shelf; or
(b) an employee who is employed by the Commonwealth or a Commonwealth authority, except an employee engaged outside Australia and the external Territories to perform duties outside Australia and the external Territories; or
(c) an employee who is prescribed by the regulations for the purposes of this definition.
Note: Subsection 5(1) defines employee .
"Australian Capital Territory Government Service" means the service established by the Public Sector Management Act 1994 of the Australian Capital Territory.
(a) an employer that is a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
(b) an employer that is a financial corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
(c) an employer that is the Commonwealth; or
(d) an employer that is a Commonwealth authority; or
(e) an employer that is a body corporate incorporated in a Territory; or
(f) an employer that carries on in Australia, in Australia's exclusive economic zone or in, on, or over Australia's continental shelf an activity (whether of a commercial, governmental or other nature) whose central management and control is in Australia; or
(g) an employer that is prescribed by the regulations for the purposes of this definition.
Note: Subsection 6(1) defines employer .
"Australian Fair Pay and Conditions Standard" has the meaning given by subsection 171(3).
"Australia 's continental shelf" means the continental shelf (as defined in the Seas and Submerged Lands Act 1973 ) of Australia.
"Australia 's exclusive economic zone" means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973 ) of Australia.
"authorised stand down" means a stand down of an employee that is authorised as mentioned in subsection 691B(1).
"award" means a pre-reform award.
"award modernisation process" means a process of award modernisation carried out by the Commission in accordance with an award modernisation request.
"award modernisation request" has the meaning given by subsection 576C(1).
"award-related order" means an order varying, revoking or suspending an award.
(a) in relation to an ITEA--a person who has been duly appointed as a bargaining agent in relation to the ITEA in accordance with section 334; or
(b) in relation to an employee collective agreement--a person who has been requested to be a bargaining agent in relation to the agreement in accordance with section 335.
"BCII Act" means the Building and Construction Industry Improvement Act 2005 .
"breach" includes non-observance.
"Chief Justice" means the Chief Justice of the Court.
"civil remedy provision" has the meaning given by section 727.
(a) an employee collective agreement; or
(b) a union collective agreement; or
(c) an employer greenfields agreement; or
(d) a union greenfields agreement; or
(e) a multiple‑business agreement.
"Commission" means the Australian Industrial Relations Commission.
"Commissioner" means a Commissioner of the Commission.
"committee of management" , in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch.
"Commonwealth authority" means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth; or
(b) a body corporate:
(i) incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth has a controlling interest.
"Commonwealth workplace relations legislation" means:
(a) this Act; or
(b) the Independent Contractors Act 2006 ; or
(c) regulations made under the Independent Contractors Act 2006 .
Note: The definition of Commonwealth workplace relations legislation does not cover the Registration and Accountability of Organisations Schedule or regulations made under that Schedule, because the definition of this Act excludes them both (although it includes other regulations made under the Act).
"conciliation powers" means the powers of the Commission in relation to conciliation.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories; or
(e) within a Territory.
"contingency fee agreement" means an agreement between a legal practitioner and a person under which:
(a) the legal practitioner agrees to provide legal services; and
(b) the payment of all, or a substantial proportion, of the legal practitioner's costs is contingent on the outcome of the matter in which the practitioner provides the legal services for the person.
"Court" means the Federal Court of Australia.
Note: For the purposes of various provisions of this Act, Court means the Federal Court of Australia or the Federal Magistrates Court. This is indicated by definitions that apply for the purposes of those provisions.
"demarcation dispute" includes:
(a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or
(b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or
(c) a dispute about the representation under this Act, or the Registration and Accountability of Organisations Schedule, of the industrial interests of employees by an organisation of employees.
"Deputy President" means a Deputy President of the Commission.
"employee" has a meaning affected by section 5.
"employee collective agreement" has the meaning given by section 327.
"employer" has a meaning affected by section 6.
"employer greenfields agreement" has the meaning given by section 330.
"employing authority" , in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.
"employment" has a meaning affected by section 7.
"Equal Remuneration Convention" means the Equal Remuneration Convention, 1951.
"Family Responsibilities Convention" means the Workers with Family Responsibilities Convention, 1981, a copy of the English text of which is set out in Schedule 5.
"flight crew officer" has the meaning given by clause 1 of Schedule 2.
"Full Bench" means a Full Bench of the Commission.
"Full Court" means a Full Court of the Court.
"greenfields agreement" means a union greenfields agreement or an employer greenfields agreement.
"individual transitional employment agreement or ITEA" has the meaning given by section 326.
"industrial action" has the meaning given by section 420.
"Industrial Registrar" means the Industrial Registrar appointed under section 133.
"Industrial Registry" means the Australian Industrial Registry.
(a) any business, trade, manufacture, undertaking or calling of employers; and
(b) any calling, service, employment, handicraft, industrial occupation or vocation of employees; and
(c) a branch of an industry and a group of industries.
"inspector" means a workplace inspector.
ITEA: see individual transitional employment agreement.
(a) in the case of a reference to the Court or a Judge--a Judge (including the Chief Justice) sitting in Chambers; or
(b) otherwise--a Judge of the Court (including the Chief Justice).
"judgment" means a judgment, decree or order, whether final or interlocutory, or a sentence.
"legal practitioner" means a legal practitioner (however described) of the High Court or of a Supreme Court of a State or Territory.
(a) a court constituted by a police, stipendiary or special magistrate; or
(b) a court constituted by an industrial magistrate who is also a police, stipendiary or special magistrate.
"maritime employee" has the meaning given by clause 1 of Schedule 2.
"member" of the Office of the Workplace Ombudsman means a person covered by subsection 166P(2).
"member" of the Workplace Authority means a person covered by subsection 153B(2).
"model dispute resolution process" means the process set out in Division 2 of Part 13.
"modern award" means an award made by the Commission under section 576G.
"multiple-business agreement" has the meaning given by section 331.
"new APCS" has the meaning given by section 178.
"nominal expiry date" of a workplace agreement has the meaning given by section 352.
"Northern Territory authority" means:
(a) a body corporate established for a public purpose by or under a law of the Northern Territory; or
(b) a body corporate:
(i) incorporated under a law of the Northern Territory; and
(ii) in which the Northern Territory has a controlling interest;
other than a prescribed body.
"notional agreement preserving State awards" has the meaning given by clause 1 of Schedule 8.
"occupier" , in relation to premises, includes a person in charge of the premises.
"office" , in relation to an organisation or a branch of an organisation, has the same meaning as in the Registration and Accountability of Organisations Schedule.
"officer" , in relation to an organisation or a branch of an organisation, means a person who holds an office in the organisation or branch.
"organisation" means an organisation registered under the Registration and Accountability of Organisations Schedule.
Note: An organisation that was registered under the Workplace Relations Act 1996 immediately before the commencement of item 1 of Schedule 2 to the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 (the Consequential Provisions Act ) is taken to have been registered under the Registration and Accountability of Organisations Schedule (see item 15 of Schedule 1 to the Consequential Provisions Act).
"panel" means a panel to which an industry has been assigned under section 95.
"peak council" means a national or State council or federation that is effectively representative of a significant number of organisations representing employers or employees in a range of industries.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"person" includes an organisation.
"pilot" has the meaning given by clause 1 of Schedule 2.
"premises" includes any land, building, structure, mine, mine working, ship, aircraft, vessel, vehicle or place.
"pre-reform AWA" has the meaning given by clause 1 of Schedule 7.
"pre-reform award" means an instrument that has effect after the reform commencement under item 4 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005 .
"prescribed" includes prescribed by Rules of the Commission made under section 124.
"preserved APCS" has the meaning given by subsection 208(1).
"preserved award entitlement" , in relation to an employee, has the meaning given by section 529.
"preserved award term" has the meaning given by section 527.
"preserved State agreement" has the meaning given by clause 1 of Schedule 8.
"President" means the President of the Commission.
"Presidential Member" means the President, a Vice President, a Senior Deputy President or a Deputy President.
"previous Act" means the Conciliation and Arbitration Act 1904 , and includes any other Act so far as the other Act affects the operation of that Act.
"proceeding" includes a proceeding relating to an award modernisation process.
"protected action" has the meaning given by section 435.
"protected action ballot" means a ballot under Division 4 of Part 9.
"public sector employment" means employment of, or service by, a person in any capacity (whether permanently or temporarily and whether full-time or part-time):
(a) under the Public Service Act 1999 or the Parliamentary Service Act 1999 ; or
(b) by or in the service of a Commonwealth authority; or
(c) under a law of the Australian Capital Territory relating to employment by that Territory, including a law relating to the Australian Capital Territory Government Service; or
(d) by or in the service of:
(i) an enactment authority as defined by section 3 of the A.C.T. Consequential Provisions Act; or
(ii) a body corporate incorporated under a law of the Australian Capital Territory and in which the Australian Capital Territory has a controlling interest;
other than a prescribed authority or body; or
(e) under a law of the Northern Territory relating to the Public Service of the Northern Territory; or
(f) by or in the service of a Northern Territory authority; or
(g) by or in the service of a prescribed person or under a prescribed law;
but, other than in section 116, does not include:
(h) employment of, or service by, a person included in a prescribed class of persons; or
(i) employment or service under a prescribed law.
"reform commencement" means the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 .
"Registrar" means the Industrial Registrar or a Deputy Industrial Registrar.
"Registration and Accountability of Organisations Schedule" means Schedule 1.
"registry" means the Principal Registry or another registry established under section 130.
"regular part-time employee" means an employee who:
(a) works less than full‑time ordinary hours; and
(b) has reasonably predictable hours of work; and
(c) receives, on a pro‑rata basis, equivalent pay and conditions to those specified in an award or awards for full‑time employees who do the same kind of work.
"secondary office" , in relation to a person who holds an office of member of the Commission and an office of member of a prescribed State industrial authority, means the office to which the person was most recently appointed.
"Senior Deputy President" means a Senior Deputy President of the Commission.
"ship" has the meaning given by clause 1 of Schedule 2.
"single business" has the meaning given by section 322.
"special magistrate" means a magistrate appointed as a special magistrate under a law of a State or Territory.
"State award" means an award, order, decision or determination of a State industrial authority.
"State employment agreement" means an agreement:
(a) between an employer and one or more of the following:
(i) an employee of the employer;
(ii) a trade union; and
(b) that regulates wages and conditions of employment of one or more of the employees; and
(c) that is in force under a State or Territory industrial law; and
(d) that prevails over an inconsistent State award.
"State industrial authority" means:
(a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or
(b) a special board constituted under a State Act relating to factories; or
(c) any other State board, court, tribunal, body or official prescribed for the purposes of this definition.
"State or Territory industrial law" means:
(a) any of the following State Acts:
(i) the Industrial Relations Act 1996 of New South Wales;
(ii) the Industrial Relations Act 1999 of Queensland;
(iii) the Industrial Relations Act 1979 of Western Australia;
(iv) the Fair Work Act 1994 of South Australia;
(v) the Industrial Relations Act 1984 of Tasmania; or
(b) an Act of a State or Territory that applies to employment generally and has one or more of the following as its main purpose or one or more of its main purposes:
(i) regulating workplace relations (including industrial matters, industrial disputes and industrial action, within the ordinary meaning of those expressions);
(ii) providing for the determination of terms and conditions of employment;
(iii) providing for the making and enforcement of agreements determining terms and conditions of employment;
(iv) providing for rights and remedies connected with the termination of employment;
(v) prohibiting conduct that relates to the fact that a person either is, or is not, a member of an industrial association (as defined in section 779); or
(c) an instrument made under an Act described in paragraph (a) or (b), so far as the instrument is of a legislative character; or
(d) a law that:
(i) is a law of a State or Territory; and
(ii) is prescribed by regulations for the purposes of this paragraph.
"State or Territory training authority" means a body authorised by a law or award of a State or Territory for the purpose of overseeing arrangements for the training of employees.
"stevedoring operations" has the meaning given by clause 1 of Schedule 2.
"Termination of Employment Convention" means the Termination of Employment Convention, 1982, a copy of the English text of which is set out in Schedule 4.
"this Act" includes the regulations but does not include Schedule 1 or regulations made under that Schedule.
(a) an organisation of employees; or
(b) an association of employees that is registered or recognised as a trade union (however described) under the law of a State or Territory; or
(c) an association of employees a principal purpose of which is the protection and promotion of the employees' interests in matters concerning their employment.
"training arrangement" means a combination of work and training that is subject to a training agreement or a training contract between the employee and employer that is registered:
(a) with the relevant State or Territory training authority; or
(b) under a law of a State or Territory relating to the training of employees.
"union collective agreement" has the meaning given by section 328.
"union greenfields agreement" has the meaning given by section 329.
"Vice President" means a Vice President of the Commission.
"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.
"waterside worker" has the meaning given by clause 1 of Schedule 2.
"wharf" has the meaning given by clause 1 of Schedule 2.
"working day" means a day that is not a Saturday, a Sunday or a public holiday.
(a) an ITEA; or
(b) a collective agreement;
and includes a document that the Court has ordered under section 412A is to have effect as a workplace agreement.
Note 1: Section 324 affects the meaning of workplace agreement .
Note 2: Under section 324A, some other documents are taken to be workplace agreements for certain limited purposes.
Note 3: An order by the Court under paragraph 412A(1)(a) enables a document to which section 324A applies to have effect as a workplace agreement.
"workplace agreement official" means:
(a) the Workplace Authority Director; or
(b) a Workplace Authority Deputy Director; or
(c) a member of the staff assisting the Workplace Authority Director; or
(d) a delegate of the Workplace Authority Director.
"Workplace Authority Deputy Director" means a Workplace Authority Deputy Director holding office under Part 5.
"Workplace Authority Director" means the Workplace Authority Director holding office under Part 5.
"workplace determination" means a determination under Division 8 of Part 9.
"workplace inspector" means a person who is a workplace inspector under section 167.
"Workplace Ombudsman" means the Workplace Ombudsman holding office under Part 5A.
(2) To avoid doubt, it is declared that a reference in this Act (except in Parts 10 and 16, and in regulations made for the purposes of paragraph 356(1)(f)) to an independent contractor is confined to a natural person.
(3) In this Act, a reference to:
(a) a person who is eligible to become a member of an organisation; or
(b) a person who is eligible for membership of an organisation;
includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1) of the Registration and Accountability of Organisations Schedule.
(4) In this Act, a reference to a person making a statement that is to the person's knowledge false or misleading in a material particular includes a reference to a person making a statement where the person is reckless as to whether the statement is false or misleading in a material particular.
(5) In this Act, a reference to engaging in conduct includes a reference to being, whether directly or indirectly, a party to or concerned in the conduct.
(6) A reference in this Act to a term of an award includes a reference to a provision of an award.
Note: Section 69B of the Australian Federal Police Act 1979 provides that this Act does not apply to certain matters relating to AFP employees.
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