Fair Work Act. Australia

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СКАЧАТЬ 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 means any part of the area in, on or over the continental shelf.

      waterside worker has the meaning given by clause 1 of Schedule 2 to the Workplace Relations Act 1996 as in force immediately before the commencement of this section.

      working day means a day that is not a Saturday, a Sunday or a public holiday.

      workplace determination means:

      (a) a low-paid workplace determination;or

      (b) an industrial action related workplace determination; or

      (c) a bargaining related workplace determination.

      workplace instrument means an instrument that:

      (a) is made under, or recognised by, a workplace law; and

      (b) concerns the relationships between employers and employees.

      workplace law means:

      (a) this Act; or

      (b) the Fair Work (Registered Organisations) Act 2009; or

      (c) the Independent Contractors Act 2006; or

      (d) any other law of the Commonwealth, a State or a Territory that regulates the relationships between employers and employees (including by dealing with occupational health and safety matters).

      workplace right: see subsection 341(1).

      work value reasons: see subsection 156(4).

      Division 3—Definitions relating to the meanings of employee, employer etc.

      13 Meaning of national system employee

      A national system employee is an individual so far as he or she is employed, or usually employed, as described in the definition of national system employer in section 14, by a national system employer, except on a vocational placement.

      Note: Sections 3 °C and 30M extend the meaning of national system employee in relation to a referring State.

      14 Meaning of national system employer

      (1) A national system employer is:

      (a) a constitutional corporation, so far as it employs, or usually employs, an individual; or

      (b) the Commonwealth, so far as it employs, or usually employs, an individual; or

      (c) a Commonwealth authority, so far as it employs, or usually employs, an individual; or

      (d) a person so far as the person, in connection with constitutional trade or commerce, employs, or usually employs, an individual as:

      (i) a flight crew officer; or

      (ii) a maritime employee; or

      (iii) a waterside worker; or

      (e) a body corporate incorporated in a Territory, so far as the body employs, or usually employs, an individual; or

      (f) a person who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person employs, or usually employs, an individual in connection with the activity carried on in the Territory.

      Note 1: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).

      Note 2:Sections 30D and 30N extend the meaning of national system employer in relation to a referring State.

      Particular employers declared not to be national system employers

      (2) Despite subsection (1) and sections 30D and 30N, a particular employer is not a national system employer if:

      (a) that employer:

      (i) is a body established for a public purpose by or under a law of a State or Territory, by the Governor of a State, by the Administrator of a Territory or by a Minister of a State or Territory; or

      (ii) is a body established for a local government purpose by or under a law of a State or Territory; or

      (iii) is a wholly-owned subsidiary (within СКАЧАТЬ