New South Wales Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1996 -

DICTIONARY

(Section 4)

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.


"award" means an award made, or taken to be made, by the Commission under this Act, and includes any order of the Commission under this Act that sets conditions of employment.

"bailor" --see section 308.

"Chief Commissioner" means the Chief Commissioner of the Commission.

"Commission" means the Industrial Relations Commission of New South Wales established by this Act.

"Commissioner" means a Commissioner of the Commission.

"committee of management" of an organisation, means the group or body of persons (however described) that manages the affairs of the organisation.

"conditions of employment" includes any provisions about an industrial matter.

"contract agreement" means an agreement approved, or taken to be approved, by the Commission under Part 3 of Chapter 6.

"contract determination" means a contract determination made, or taken to be made, by the Commission under Part 2 of Chapter 6.

"contract of bailment" --see section 307.

"contract of carriage" --see section 309.

"dispute order" --see Part 2 of Chapter 3.

"employee" --see section 5.

"employer" means a person who employs an employee within the meaning of this Act--

(a) whether the person is an individual, a corporation, an unincorporated body or the State, and
(b) whether the person does so on the person's own behalf or on behalf of some other person.

"enterprise agreement" means an enterprise agreement approved, or taken to be approved, by the Commission under this Act.

"exercise" a function includes perform a duty.

"facilitator" , for mutual gains bargaining, has the same meaning as in section 129O.

"Fair Work Australia" means Fair Work Australia established under the Fair Work Act 2009 of the Commonwealth, and includes any successor to that body.

"former industrial agreement" --see clause 6 of Schedule 4.

"function" includes a power, authority or duty.

"good faith" , in relation to mutual gains bargaining--see section 129M.

"industrial action" means a strike by employees or a lock-out by an employer, and includes--
(a) a practice relating to the performance of work, adopted in connection with an industrial dispute, that restricts, limits or delays the performance of work, or
(b) a ban, limitation or restriction affecting the performance of work, or the offering or acceptance of work, that is adopted in connection with an industrial dispute, or
(c) any failure or refusal in connection with an industrial dispute to attend for work or to perform work,
but does not include any action taken by employees with the agreement of their employer or any action taken by employers with the agreement of their employees.

"industrial agent" means a person (other than an Australian legal practitioner or an employee or officer of an industrial organisation) who represents a party in proceedings before the Commission for fee or other reward.

"industrial agent service" means any service performed by a person in the person's capacity as an industrial agent.

"Industrial Committee" means an Industrial Committee of the Commission established, or taken to be established, under this Act.

"industrial dispute" means a dispute (including a question or difficulty) about an industrial matter, and includes the following--
(a) a demarcation dispute,
(b) a threatened or likely industrial dispute,
(c) a situation that is likely to give rise to an industrial dispute if preventative action is not taken.

"Industrial Gazette" means the publication of that name published under the authority of the Industrial Registrar.

"industrial instrument" --see section 8.

"industrial matters" --see section 6.

"industrial organisation" means an industrial organisation of employees or an industrial organisation of employers.

"industrial organisation of employees" means an industrial organisation of employees registered, or taken to be registered, under Chapter 5.

"industrial organisation of employers" means an industrial organisation of employers registered, or taken to be registered, under Chapter 5.

"Industrial Registrar" means the Industrial Registrar referred to in section 207.

"industrial relations legislation" means any of the following Acts and the regulations made under any such Act--
This Act
Annual Holidays Act 1944
Employment Protection Act 1982
Long Service Leave Act 1955
Long Service Leave (Metalliferous Mining Industry) Act 1963 .

"industry" --see section 7.

"inspector" means an inspector appointed for the purposes of this Act.

"member of the family" of a person, means (in section 265 and Chapter 6) the person's spouse (including a person with whom the person has a de facto relationship), parent, grandparent, child or sibling, any such relative by marriage or de facto relationship and any step-parent or step-child (with
"de facto relationship" having the same meaning in this definition as in the Property (Relationships) Act 1984 ).

"Minimum Wage Panel" means the Minimum Wage Panel constituted under the Fair Work Act 2009 of the Commonwealth, and includes any successor to that panel.

"motor vehicle" means a motor vehicle or trailer within the meaning of the Road Transport Act 2013 .

"NSW industrial relations website" --see section 208A.

"office" in an organisation, means--
(a) an office of president, vice-president, secretary or assistant secretary of the organisation, or
(b) the office of a voting member of a collective body of the organisation, being a collective body that has power in relation to any of the following functions--
(i) the management of the financial or other affairs of the organisation,
(ii) the determination of policy for the organisation,
(iii) the making, alteration or rescission of rules of the organisation,
(iv) the enforcement of rules of the organisation, 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 organisation, entitled to participate directly in any of the functions referred to in paragraph (b) (i) or (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 existing policy of the organisation or decisions concerning the organisation, or
(d) an office the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b) (ii) or (iii), or
(e) the office of a person holding (whether as trustee or otherwise) property of the organisation or property in which the organisation has a beneficial interest.

"officer" of an organisation means a person who holds an office in the organisation.

"outworker" in the clothing trades means a person described in clause 1 (f) of Schedule 1 as an employee.
Note : A person described in clause 1 (f) of Schedule 1 as an employee is taken to be an employee for the purposes of this Act by section 5 (3).

"party" to an industrial instrument includes the successor of a party to the instrument.

"pay equity" means equal remuneration for men and women doing work of equal or comparable value.

"penalty unit" see section 17 of the Crimes (Sentencing Procedure) Act 1999 .
Note : Penalties for offences are expressed in penalty units. At the time of this update the penalty unit was $110.

"premises" includes any mine, structure, building, aircraft, vehicle, vessel and place (whether built on or not), and any part of it.

"principal contractor" --see section 310.

"public sector employee" includes an employee of a public authority and a member of the Public Service, the NSW Police Force, the NSW Health Service or the Teaching Service.

"public sector industrial agreement" means an agreement under section 51 of the Government Sector Employment Act 2013 , section 87 of the Police Act 1990 , section 14 of the Teaching Service Act 1980 or section 26 (4) of the Area Health Services Act 1986 or any similar kind of agreement relating to public sector employees.

"public vehicle" means a taxi or hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .

"resolution" of an industrial dispute includes the avoidance or settlement of the dispute.

"rules" of an organisation includes, in the case of an organisation that is a company, the memorandum or articles of association of the organisation.

"State peak council" means--
(a) Unions NSW (being the State peak council for employees), or
(b) an organisation approved for the time being by the Commission under section 216 as a State peak council for employers.

"successor" includes transferee, assignee, devisee or other successor at law.



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