Australia

Fair Work Act


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who will be covered by the agreement, in relation to work to be performed under the agreement.

      safety net contractual entitlement means an entitlement under a contract between an employee and an employer that relates to any of the subject matters described in:

      (a) subsection 61(2) (which deals with the National Employment Standards); or

      (b) subsection 139(1) (which deals with modern awards).

      school age, for a child, means the age at which the child is required by a law of the State or Territory in which the child lives to start attending school.

      school-based apprentice means a national system employee who is an apprentice to whom a school-based training arrangement applies.

      school-based trainee means a national system employee (other than a school-based apprentice) to whom a school-based training arrangement applies.

      school-based training arrangement means a training arrangement undertaken as part of a course of secondary education.

      scope order: see subsection 238(1).

      second employer, in relation to a transfer of employment: see subsection 22(7).

      serious breach declaration: see section 234.

      serious misconduct has the meaning prescribed by the regulations.

      service: see section 22.

      setting modern award minimum wages: see subsection 284(4).

      Sex Discrimination Commissioner means the Sex Discrimination Commissioner appointed under the Sex Discrimination Act 1984.

      ship includes a barge, lighter, hulk or other vessel.

      single enterprise: see section 168A.

      single-enterprise agreement means an enterprise agreement made as referred to in subsection 172(2).

      single interest employer authorisation: see subsection 248(1).

      small business employer: see section 23.

      Small Business Fair Dismissal Code means the Small Business Fair Dismissal Code declared under subsection 388(1).

      special low-paid workplace determination: see subsection 260(4).

      spouse includes a former spouse.

      State industrial instrument means an award, an agreement (whether individual or collective), or another industrial instrument or order, that:

      (a) is made under, or recognised by, a law of a State that is a State or Territory industrial law; and

      (b) determines terms and conditions of employment.

      state of mind: see subsection 793(3).

      State or Territory industrial law: see subsection 26(2).

      State or Territory OHS law: see subsection 494(3).

      State or Territory OHS right: see subsection 494(2).

      State reference public sector employee: see subsection 168E(3).

      State reference public sector employer: see subsection 168E(4).

      State reference public sector modern award: see subsection 168E(2).

      State reference public sector modern awards objective: see section 168F.

      step-child: without limiting who is a step-child of a person, someone who is a child of the person’s de facto partner is a step-child of a person, if he or she would be the person’s step-child except that the person is not legally married to the de facto partner.

      TCF award means an instrument prescribed by the regulations for the purposes of this definition.

      TCF outworker means an outworker in the textile, clothing or footwear industry whose work is covered by a TCF award.

      termination of industrial action instrument: see subsection 266(2).

      territorial sea, in relation to Australia, has the meaning given by Division 1 of Part II of the Seas and Submerged Lands Act 1973.

      Territory employer: see subsection 338(4).

      test time: see subsection 193(6).

      this Act includes the regulations.

      trade and commerce employer: see subsection 338(3).

      training arrangement means a combination of work and training that is subject to a training agreement, or a training contract, that takes effect under a law of a State or Territory relating to the training of employees.

      transferable instrument: see subsection 312(1).

      transfer of business: see subsection 311(1).

      transfer of employment: see subsection 22(7).

      transfer of employment between associated entities: see paragraph 22(8)(a).

      transfer of employment between non-associated entities: see paragraph 22(8)(b).

      transferring employee, in relation to a transfer of business: see subsection 311(2).

      transferring work, in relation to a transfer of business: see paragraph 311(1)(c).

      unfair dismissal application: see subsection 729(2).

      unfairly dismissed: see section 385.

      unlawful term of an enterprise agreement: see section 194.

      unlawful termination court application: see subsection 778(2).

      unlawful termination FWA application: see subsection 730(2).

      unpaid carer’s leave means unpaid carer’s leave to which a national system employee is entitled under section 102.

      unpaid parental leave means unpaid parental leave to which a national system employee is entitled under section 70.

      unpaid pre-adoption leave means unpaid pre-adoption leave to which a national system employee is entitled under section 85.

      unpaid special maternity leave means unpaid special maternity leave to which a national system employee is entitled under section 80.

      varying modern award minimum wages: see subsection 284(4).

      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.

      voluntary emergency management activity: see subsection 109(2).

      waters above the continental shelf