Fair Work Act. Australia

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СКАЧАТЬ Corporations Act 2001) of, or is wholly controlled by, an employer to which subparagraph (ii) applies; and

      (b) that employer is specifically declared, by or under a law of the State or Territory, not to be a national system employer for the purposes of this Act; and

      (c) an endorsement by the Minister under paragraph (4)(a) is in force in relation to the employer.

      (3) Paragraph (2)(b) does not apply to an employer that is covered by a declaration by or under such a law only because it is included in a specified class or kind of employer.

      Endorsement of declarations

      (4) The Minister may, in writing:

      (a) endorse, in relation to an employer, a declaration referred to in paragraph (2)(b); or

      (b) revoke or amend such an endorsement.

      (5) An endorsement, revocation or amendment under subsection (4) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the endorsement, revocation or amendment.

      Employers that cannot be declared

      (6) Subsection (2) does not apply to an employer that:

      (a) generates, supplies or distributes electricity; or

      (b) supplies or distributes gas; or

      (c) provides services for the supply, distribution or release of water; or

      (d) operates a rail service or a port;

      unless the employer is a body established for a local government purpose by or under a law of a State or Territory, or is a wholly-owned subsidiary (within the meaning of the Corporations Act 2001) of, or is wholly controlled by, such a body.

      (7) Subsection (2) does not apply to an employer if the employer is an Australian university (within the meaning of the Higher Education Support Act 2003) that is established by or under a law of a State or Territory.

      14A Transitional matters relating to employers etc. becoming, or ceasing to be, national system employers etc.

      (1) The regulations may make provisions of a transitional, application or saving nature in relation to any of the following:

      (a) an employer ceasing to be a national system employer because subsection 14(2) applies to the employer;

      (b) an individual ceasing to be a national system employee because an employer ceases to be a national system employer for the reason referred to in paragraph (a);

      (c) an employer becoming a national system employer because subsection 14(2) ceases to apply to the employer;

      (d) an individual becoming a national system employee because an employer becomes a national system employer for the reason referred to in paragraph (c).

      (2) Without limiting subsection (1), regulations made for the purpose of that subsection may:

      (a) modify provisions of this Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

      (b) provide for the application (with or without modifications) of provisions of this Act, or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, to matters to which they would otherwise not apply.

      15 Ordinary meanings of employee and employer

      (1) A reference in this Act to an employee with its ordinary meaning:

      (a) includes a reference to a person who is usually such an employee; and

      (b) does not include a person on a vocational placement.

      Note: Subsections 30E(1) and 30P(1) extend the meaning of employee in relation to a referring State.

      (2) A reference in this Act to an employer with its ordinary meaning includes a reference to a person who is usually such an employer.

      Note: Subsections 30E(2) and 30P(2) extend the meaning of employer in relation to a referring State.

      Division 4—Other definitions

      16 Meaning of base rate of pay

      General meaning

      (1) The base rate of pay of a national system employee is the rate of pay payable to the employee for his or her ordinary hours of work, but not including any of the following:

      (a) incentive-based payments and bonuses;

      (b) loadings;

      (c) monetary allowances;

      (d) overtime or penalty rates;

      (e) any other separately identifiable amounts.

      Meaning for pieceworkers in relation to entitlements under National Employment Standards

      (2) Despite subsection (1), if one of the following paragraphs applies to a national system employee who is a pieceworker, the employee’s base rate of pay, in relation to entitlements under the National Employment Standards, is the base rate of pay referred to in that paragraph:

      (a) a modern award applies to the employee and specifies the employee’s base rate of pay for the purposes of the National Employment Standards;

      (b) an enterprise agreement applies to the employee and specifies the employee’s base rate of pay for the purposes of the National Employment Standards;

      (c) the employee is an award/agreement free employee, and the regulations prescribe, or provide for the determination of, the employee’s base rate of pay for the purposes of the National Employment Standards.

      Meaning for pieceworkers for the purpose of section 206

      (3) The regulations may prescribe, or provide for the determination of, the base rate of pay, for the purpose of section 206, of an employee who is a pieceworker. If the regulations do so, the employee’s base rate of pay, for the purpose of that section, is as prescribed by, or determined in accordance with, the regulations.

      Note: Section 206 deals with an employee’s base rate of pay under an enterprise agreement.

      17 Meaning of child of a person

      (1) A child of a person includes:

      (a) someone who is a child of the person within the meaning of the Family Law Act 1975; and

      (b) an adopted child or step-child of the person.

      It does not matter whether the child is an adult.

      (2) If, under this section, one person is a child of another person, other family relationships are also to be determined on the basis that the child is a child of that other person.

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