Fair Work Act. Australia

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СКАЧАТЬ confers functions and powers on Fair Work Inspectors.

      9 Miscellaneous (Chapter 6)

      (1) Chapter 6 is a collection of miscellaneous matters that relate to the other Chapters.

      (2) Part 6–1 provides rules relating to applications for remedies under this Act. It prevents certain applications if other remedies are available and prevents multiple applications or complaints in relation to the same conduct.

      (3) Part 6–2 is about dealing with disputes between national system employees and their employers under modern awards, enterprise agreements and contracts of employment.

      (4) Part 6–3 extends the National Employment Standards relating to unpaid parental leave and notice of termination to non-national system employees.

      (5) Part 6–4 contains provisions to give effect, or further effect, to certain international agreements relating to termination of employment.

      (6) Part 6–5 deals with miscellaneous matters such as delegations and regulations.

      Part 1–2—Definitions

      Division 1—Introduction

      10 Guide to this Part

      This Part is about the terms that are defined in this Act.

      Division 2 has the Dictionary (see section 12). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.

      Division 3 has definitions relating to the meanings of employee and employer.

      Division 4 has some other definitions that apply across this Act.

      11 Meanings of employee and employer

      In this Part, employee and employer have their ordinary meanings.

      Division 2—The Dictionary

      12 The Dictionary

      In this Act:

      4 yearly review of modern awards: see subsection 156(1).

      access period for a proposed enterprise agreement: see subsection 180(4).

      action includes an omission.

      adoption-related leave: see subsection 67(5).

      adverse action: see section 342.

      affected employees for a variation of an enterprise agreement: see subsection 207(2).

      affected employer:

      (a) in relation to an entry under Subdivision A of Division 2 of Part 3–4: see subsection 482(2); and

      (aa) in relation to an entry under section 483A other than a designated outworker terms entry: see paragraph 483B(3)(a); and

      (ab) in relation to a designated outworker terms entry under section 483A: see paragraph 483B(3)(b); and

      (b) in relation to an entry in accordance with Division 3 of Part 3–4: see paragraph 495(2)(a); and

      (c) in relation to a State or Territory OHS right to inspect or otherwise access an employee record: see paragraph 495(2)(b).

      affected member certificate: see subsection 520(1).

      Age Discrimination Commissioner means the Age Discrimination Commissioner appointed under the Age Discrimination Act 2004.

      agreed terms for a workplace determination: see section 274.

      agreed to in relation to a termination of an enterprise agreement: see section 221.

      annual rate of an employee’s guaranteed annual earnings: see subsection 330(3).

      annual wage review: see subsection 285(1).

      anti-discrimination law: see subsection 351(3).

      applicable agreement-derived long service leave terms: see subsection 113(5).

      applicable award-derived long service leave terms: see subsection 113(3).

      application or complaint under another law: see subsection 732(2).

      applies:

      (a) in relation to a modern award: see section 47; and

      (b) in relation to an enterprise agreement: see section 52.

      applies to employment generally: see subsection 26(4).

      appointment of a bargaining representative means an appointment of a bargaining representative under paragraph 176(1)(c) or (d).

      appropriate safe job: see subsection 81(4).

      approved by FWA, in relation to an enterprise agreement, means approved by FWA under section 186 or 189.

      associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

      Australian-based employee: see subsections 35(2) and (3).

      Australian employer: see subsection 35(1).

      Australian ship means a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981.

      authority documents: see subsection 489(3).

      available parental leave period: see subsection 75(2).

      award/agreement free employee means a national system employee to whom neither a modern award nor an enterprise agreement applies.

      award covered employee for an enterprise agreement: see subsection 193(4).

      award modernisation process means:

      (a) the process of making modern awards under Part 10A of the Workplace Relations Act 1996, as continued by Part 2 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and

      (b) the enterprise instrument modernisation process provided for by Part 2 of Schedule 6 of the Fair Work (Transitional Provisions and Consequential СКАЧАТЬ