Australia

Fair Work Act


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see subsection 156(1).

      access period for a proposed enterprise agreement: see subsection 180(4).

      action includes an omission.

      adoption-related leave: see subsection 67(5).

      adverse action: see section 342.

      affected employees for a variation of an enterprise agreement: see subsection 207(2).

      affected employer:

      (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.

      agreed terms for a workplace determination: see section 274.

      agreed to in relation to a termination of an enterprise agreement: see section 221.

      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).

      applicable agreement-derived long service leave terms: see subsection 113(5).

      applicable award-derived long service leave terms: see subsection 113(3).

      application or complaint under another law: see subsection 732(2).

      applies:

      (a) in relation to a modern award: see section 47; and

      (b) in relation to an enterprise agreement: see section 52.

      applies to employment generally: see subsection 26(4).

      appointment of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d).

      appropriate safe job: see subsection 81(4).

      approved by FWA, in relation to an enterprise agreement, means approved by FWA under section 186 or 189.

      associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

      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 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and

      (b) the enterprise instrument modernisation process provided for by Part 2 of Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and

      (c) the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

      bargaining order: see subsection 229(1).

      bargaining related workplace determination: see subsection 269(1).

      bargaining representative for a proposed enterprise agreement: see section 176.

      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).

      child of a person: see subsection 17(1).

      civil remedy provision: see subsections 539(1) and (3).

      Commissioner means a Commissioner of FWA.

      common requirements in relation to industrial action: see section 413.

      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 a Territory; and

      (ii) in which the Commonwealth has a controlling interest.

      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.

      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 the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of the Acts Interpretation Act 1901).

      consent low-paid workplace