Commonwealth Repealed Acts Commonwealth Repealed ActsThis legislation has been repealed.
Note: See sections 4, 5, 6 and 7.
1 Additional definitions
In the Act, unless the contrary intention appears:
"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.
"maritime employee" means a person who is, or whose occupation is that of, a master as defined in section 6 of the Navigation Act 1912 , a seaman as so defined or a pilot as so defined.
"pilot" , in relation to an aircraft, includes a pilot in command, co-pilot or pilot of any other description.
"ship" includes a barge, lighter, hulk or other vessel.
"stevedoring operations" means:
(a) the loading or unloading of cargo into or from ships;
(b) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(c) the handling or storage of cargo or other goods at or adjacent to a wharf;
(d) the driving or operation of mechanical appliances used in relation to the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf; or
(e) haulage or trucking from ship to shed or shed to ship;
and includes:
(f) the removal or replacing of beams or hatches;
(g) the handling of dunnage or ballast;
(h) the preparing or cleaning of holds; and
(j) the preparation of gear for use in relation to the loading or unloading of ships;
when that work is performed by a person who is a member, or has applied for membership, of the Waterside Workers Federation of Australia.
"waterside worker" means a person who accepts, or offers to accept, employment for work in the loading or unloading of cargo into or from ships, and includes a person who is a member, or has applied for membership, of the Waterside Workers Federation of Australia who accepts, or offers to accept, employment for work in:
(a) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(b) the handling or storage of cargo or other goods at or adjacent to a wharf;
(c) the driving or operation of mechanical appliances used in relation to the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf;
(d) haulage or trucking from ship to shed or shed to ship;
(e) the removal or replacing of beams or hatches;
(f) the handling of dunnage or ballast;
(g) the preparing or cleaning of holds; or
(h) the preparation of gear for use in relation to the loading or unloading of ships;
but does not include:
(j) persons working in or alongside a ship in relation to the direction or checking of the work of waterside workers;
(k) members of the crew of a ship on the ship's articles;
(m) members of the crew of a lighter;
(n) members of the Sydney Coal Lumpers' Union while loading or unloading coal in the port of Sydney;
(o) persons employed, directly or indirectly, at a port in or in relation to stevedoring operations that consist of the loading or unloading, into or from ships, of loose bulk cargo by means of equipment based on the shore, other than persons employed, in relation to a particular class of loose bulk cargo, in operations that, before 14 August 1956, were ordinarily performed at the port by members of the Waterside Workers Federation of Australia or North Australian Workers Union in relation to the loading or unloading by those means of loose bulk cargo of that class; or
(p) persons in the regular employment of a person engaged in an industrial undertaking, being persons whose duties include the performance of stevedoring operations in relation to that undertaking.
"wharf" includes a pier, jetty or shed adjacent to a wharf.
2 References to employee with its ordinary meaning
(1) Each of the following references to employee has its ordinary meaning (subject to subsections 5(3) and (4)):
(a) a reference in section 3;
(b) a reference in any of the following definitions in subsection 4(1):
(i) applies to employment generally ;
(ii) industry ;
(iii) State employment agreement ;
(iv) State or Territory training authority ;
(v) training arrangement ;
(vi) trade union ;
(c) a reference in paragraph 16(3)(g) or (m);
(d) a reference in section 107;
(g) the first reference in subsection 208(1);
(ga) a reference in Division 7 of Part 7 so far as the reference relates to Division 6 of Part 7 as applied by section 689.
(h) a reference in Division 3 or 6 of Part 12;
(i) a reference in Part 15;
(j) a reference in Part 16;
(k) a reference in Part 4, 5 or 6 of Schedule 7.
Note 1: Subsection 5(3) provides that a reference to an employee with its ordinary meaning includes a reference to a person who is usually an employee.
Note 2: Subsection 5(4) provides that a reference to an employee with its ordinary meaning does not include a reference to a person on a vocational placement.
Note 3: The regulations may amend this clause. See clause 5.
(2) Each of the references to employee in the following provisions has its ordinary meaning (subject to subsections 5(3) and (4)):
(a) subsection 4(1), definition of demarcation dispute ;
(b) subsection 4(1), definition of peak council ;
(c) paragraph 35(1)(c);
(d) paragraph 43(1)(c);
(e) subparagraph 64(2)(b)(i);
(f) paragraph 100(6)(d);
(g) paragraph 100(8)(a);
(h) paragraph 100(8)(b);
(i) paragraph 100(11)(a);
(j) paragraph 100(11)(b);
(k) paragraph 100(11)(c);
(l) paragraph 100(11)(d);
(m) paragraph 150B(1)(b);
(n) paragraph 150B(1)(d);
(oa) paragraph 166B(a);
(ob) paragraph 166B(j);
(p) section 178, definition of pre‑reform State wage instrument , subparagraph (b)(ii);
(q) section 178, definition of pre‑reform Territory wage instrument , subparagraph (a)(ii);
(r) paragraph 513(1)(e);
(s) section 518;
(sa) subsection 576K(1), definition of outworker ;
(sa) section 576R;
(t) Schedule 8, paragraph 3(b), the second reference to employee , but not the first reference to employee ;
(u) Schedule 8, paragraph 10(b), the reference to employees but not the reference to employee .
3 References to employer with its ordinary meaning
(1) Each of the following references to employer has its ordinary meaning (subject to subsection 6(3)):
(a) a reference in section 3;
(b) a reference in any of the following definitions in subsection 4(1):
(i) applies to employment generally ;
(ii) industry ;
(iii) State employment agreement ;
(iv) training arrangement ;
(v) vocational placement ;
(c) a reference in paragraph 16(3)(m);
(ca) a reference in Division 7 of Part 7 so far as the reference relates to Division 6 of Part 7 as applied by section 689.
(e) a reference in Division 3 or 6 of Part 12;
(f) a reference in Part 15;
(g) a reference in Part 16;
(h) a reference in Division 2 of Part 2 of Schedule 7;
(ha) a reference in Division 2 of Part 4 of Schedule 7.
Note 1: Subsection 6(3) provides that a reference to employer with its ordinary meaning includes a reference to a person who is usually an employer.
Note 2: The regulations may amend this clause. See clause 5.
(2) Each of the references to employer in the following provisions has its ordinary meaning (subject to subsections 5(3) and (4)):
(a) subsection 4(1), definition of demarcation dispute ;
(b) subsection 4(1), definition of peak council ;
(c) paragraph 35(1)(c);
(d) paragraph 43(1)(c);
(e) subparagraph 64(2)(b)(i);
(f) paragraph 150B(1)(b);
(g) paragraph 150B(1)(d);
(ha) paragraph 166B(a);
(i) section 518;
(j) section 576R;
(j) subsection 576K(1), definition of outworker .
4 References to employment with its ordinary meaning
(1) Each of the following references to employment has its ordinary meaning:
(a) a reference in section 3;
(b) a reference in any of the following definitions in subsection 4(1), except a reference forming part of the defined term itself:
(i) applies to employment generally ;
(ii) public sector employment ;
(iii) State employment agreement ;
(iv) State or Territory industrial law ;
(v) trade union ;
(c) a reference in section 103, 106 or 107;
(ca) a reference in Division 7 of Part 7 so far as the reference relates to Division 6 of Part 7 as applied by section 689.
(e) a reference in Division 3 or 6 of Part 12;
(f) a reference in Part 15;
(g) a reference in Part 16.
Note: The regulations may amend this clause. See clause 5.
(2) Each of the references to employment in the following provisions has its ordinary meaning (subject to subsections 5(3) and (4)):
(a) subsection 4(1), definition of demarcation dispute ;
(b) paragraph 16(1)(d);
(c) paragraph 23(a);
(d) section 32;
(e) subparagraph 35(1)(d)(i);
(f) section 53;
(g) paragraph 56(1)(d);
(h) subsection 83(1);
(i) paragraph 84(3)(a);
(j) paragraph 84(4)(a);
(k) paragraph 86(2)(c);
(l) section 105;
(m) section 151E;
(ma) paragraph 151J(2)(c);
(n) subsections 152F(1) and (2);
(na) paragraph 152J(2)(c);
(nb) paragraph 152J(2)(d);
(o) section 166H;
(oa) paragraph 166M(2)(c);
(ob) subsection 166U(4);
(p) subsection 515(4), definition of labour hire agency ;
(pa) subsection 900(2);
(pb) subsection 901(2);
(q) Schedule 8, paragraph 3(1)(b);
(r) Schedule 8, paragraph 10(1)(b);
(s) Schedule 8, clause 31.
5 Regulations may amend clauses 2, 3 and 4
(1) The regulations may amend clauses 2, 3 and 4.
(2) For the purposes of the Amendments Incorporation Act 1905 , amendments of any of clauses 2, 3 and 4 made by regulations are to be treated as if they had been made by an Act.
Note: Subclause (2) ensures that the amendments can be incorporated into a reprint of this Act.