Fair Work Act. Australia

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СКАЧАТЬ For example, for the purpose of leave entitlements in relation to immediate family under Division 7 of Part 2–2 (which deals with personal/carer’s leave and compassionate leave):

      (a) the other person is the parent of the child, and so is a member of the child’s immediate family; and

      (b) the child, and any other children, of the other person are siblings, and so are members of each other’s immediate family.

      18 Meaning of full rate of pay

      General meaning

      (1) The full rate of pay of a national system employee is the rate of pay payable to the employee, including all 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) However, if one of the following paragraphs applies to a national system employee who is a pieceworker, the employee’s full rate of pay, in relation to entitlements under the National Employment Standards, is the full rate of pay referred to in that paragraph:

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

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

      19 Meaning of industrial action

      (1) Industrial action means action of any of the following kinds:

      (a) the performance of work by an employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by an employee, the result of which is a restriction or limitation on, or a delay in, the performance of the work;

      (b) a ban, limitation or restriction on the performance of work by an employee or on the acceptance of or offering for work by an employee;

      (c) a failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work;

      (d) the lockout of employees from their employment by the employer of the employees.

      Note: In Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v The Age Company Limited, PR946290, the Full Bench of the Australian Industrial Relations Commission considered the nature of industrial action and noted that action will not be industrial in character if it stands completely outside the area of disputation and bargaining.

      (2) However, industrial action does not include the following:

      (a) action by employees that is authorised or agreed to by the employer of the employees;

      (b) action by an employer that is authorised or agreed to by, or on behalf of, employees of the employer;

      (c) action by an employee if:

      (i) the action was based on a reasonable concern of the employee about an imminent risk to his or her health or safety; and

      (ii) the employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.

      (3) An employer locks out employees from their employment if the employer prevents the employees from performing work under their contracts of employment without terminating those contracts.

      Note: In this section, employee and employer have their ordinary meanings (see section 11).

      20 Meaning of ordinary hours of work for award/agreement free employees

      Agreed ordinary hours of work

      (1) The ordinary hours of work of an award/agreement free employee are the hours agreed by the employee and his or her national system employer as the employee’s ordinary hours of work.

      If there is no agreement

      (2) If there is no agreement about ordinary hours of work for an award/agreement free employee, the ordinary hours of work of the employee in a week are:

      (a) for a full time employee—38 hours;or

      (b) for an employee who is not a full-time employee — the lesser of:

      (i) 38 hours; and

      (ii) the employee’s usual weekly hours of work.

      If the agreed hours are less than usual weekly hours

      (3) If, for an award/agreement free employee who is not a full-time employee, there is an agreement under subsection (1) between the employee and his or her national system employer, but the agreed ordinary hours of work are less than the employee’s usual weekly hours of work, the ordinary hours of work of the employee in a week are the lesser of:

      (a) 38 hours; and

      (b) the employee’s usual weekly hours of work.

      Regulations may prescribe usual weekly hours

      (4) For an award/agreement free employee who is not a full-time employee and who does not have usual weekly hours of work, the regulations may prescribe, or provide for the determination of, hours that are taken to be the employee’s usual weekly hours of work for the purposes of subsections (2) and (3).

      21 Meaning of pieceworker

      (1) A pieceworker is:

      (a) a national system employee to whom a modern award applies and who is defined or described in the award as a pieceworker; or

      (b) a national system employee to whom an enterprise agreement applies and who is defined or described in the agreement as a pieceworker; or

      (c) an award/agreement free employee who is in a class of employees prescribed by the regulations as pieceworkers.

      Note: Sections 197 and 198 affect whether FWA may approve an enterprise agreement covering a national system employee that includes a term that:

      (a) defines or describes the employee as a pieceworker, if the employee is covered by a modern award that is in operation and СКАЧАТЬ