Название: Fair Work Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392081783
isbn:
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