Fair Work Act. Australia

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СКАЧАТЬ a law enforcement officer of the State to whom subsection 30E(1) applies.

      (2) This section does not limit the operation of section 13 (which defines a national system employee).

      Note: Section 30H may limit the extent to which this section extends the meaning of national system employee.

      30D Extended meaning of national system employer

      (1) A national system employer includes:

      (a) any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and

      (b) a holder of an office to whom subsection 30E(2) applies.

      (2) This section does not limit the operation of section 14 (which defines a national system employer).

      Note: Section 30H may limit the extent to which this section extends the meaning of national system employer.

      30E Extended ordinary meanings of employee and employer

      (1) A reference in this Act to an employee with its ordinary meaning includes a reference to a law enforcement officer of a State that is a referring State because of this Division if the State’s referral law so provides for the purposes of that law.

      (2) A reference in this Act to an employer with its ordinary meaning includes a reference to a holder of an office of a State that is a referring State because of this Division if the State’s referral law provides, for the purposes of that law, that the holder of the office is taken to be the employer of a law enforcement officer of the State.

      (3) This section does not limit the operation of section 15 (which deals with references to employee and employer with their ordinary meanings).

      Note: Section 30H may limit the extent to which this section extends the meanings of employee and employer.

      30F Extended meaning of outworker entity

      (1) An outworker entity includes a person, other than in the person’s capacity as a national system employer, so far as:

      (a) the person arranges for work to be performed for the person (either directly or indirectly); and

      (b) the work is of a kind that is often performed by outworkers; and

      (c) one or more of the following applies:

      (i) at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;

      (ii) the work is to be performed in a State that is a referring State because of this Division;

      (iii) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State;

      (iv) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.

      (2) This section does not limit the operation of the definition of outworker entity in section 12.

      Note: Section 30H may limit the extent to which this section extends the meaning of outworker entity.

      30G General protections

      (1) Part 3–1 (which deals with general protections) applies to action taken in a State that is a referring State because of this Division.

      (2) This section applies despite section 337 (which limits the application of Part 3–1), and does not limit the operation of sections 338 and 339 (which set out the application of that Part).

      Note: Section 30H may limit the extent to which this section extends the application of Part 3–1.

      30H Division only has effect if supported by reference

      A provision of this Division has effect in relation to a State that is a referring State because of this Division only to the extent that the State’s referral law refers to the Parliament of the Commonwealth the matters mentioned in subsection 30B(1) that result in the Parliament of the Commonwealth having sufficient legislative power for the provision so to have effect.

      Division 2B — Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010

      30K Meaning of terms used in this Division

      (1) In this Division:

      amendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(4).

      excluded subject matter means any of the following matters:

      (a) a matter dealt with in a law referred to in subsection 27(1A) of this Act;

      (b) superannuation;

      (c) workers compensation;

      (d) occupational health and safety;

      (e) matters relating to outworkers (within the ordinary meaning of the term);

      (f) child labour;

      (g) training arrangements;

      (h) long service leave;

      (i) leave for victims of crime;

      (j) attendance for service on a jury, or for emergency service duties;

      (k) declaration, prescription or substitution of public holidays;

      (l) the following matters relating to provision of essential services or to situations of emergency:

      (i) directions to perform work (including to perform work at a particular time or place, or in a particular way);

      (ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);

      (m) regulation of any of the following:

      (i) employee associations;

      (ii) employer associations;

      (iii) members of employee associations or of employer associations;

      (n) workplace surveillance;

      (o) business trading hours;

      (p) claims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;

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