Fair Work Act. Australia

Чтение книги онлайн.

СКАЧАТЬ Amendments) Act 2009; and

      (c) the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

      bargaining order: see subsection 229(1).

      bargaining related workplace determination: see subsection 269(1).

      bargaining representative for a proposed enterprise agreement: see section 176.

      bargaining services: see subsection 353(3).

      bargaining services fee: see subsection 353(2).

      base rate of pay: see section 16.

      birth-related leave: see subsection 67(4).

      child of a person: see subsection 17(1).

      civil remedy provision: see subsections 539(1) and (3).

      Commissioner means a Commissioner of FWA.

      common requirements in relation to industrial action: see section 413.

      Commonwealth authority means:

      (a) a body corporate established for a public purpose by or under a law of the Commonwealth; or

      (b) a body corporate:

      (i) incorporated under a law of the Commonwealth or a State or a Territory; and

      (ii) in which the Commonwealth has a controlling interest.

      Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

      compassionate leave means compassionate leave to which a national system employee is entitled under section 104.

      compliance powers: see section 703.

      compliance purposes: see subsection 706(1).

      conduct includes an omission.

      conduct of a protected action ballot: see subsection 458(5).

      connected with a Territory: an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:

      (a) at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;

      (b) the work is to be performed in such a Territory;

      (c) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;

      (d) the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.

      Note: 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).

      consent low-paid workplace determination: see subsection 260(2).

      consistent with the Small Business Fair Dismissal Code: see subsection 388(2).

      constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

      constitutionally-covered entity: see subsection 338(2).

      constitutional trade or commerce means trade or commerce:

      (a) between Australia and a place outside Australia; or

      (b) among the States; or

      (c) between a State and a Territory;or

      (d) between 2 Territories; or

      (e) within a Territory.

      continental shelf means the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).

      continuous service has a meaning affected by section 22.

      coverage terms:

      (a) in relation to a modern award (other than a modern enterprise award): see section 143; and

      (b) in relation to a modern enterprise award: see section 143A; and

      (c) in relation to a State reference public sector modern award: see section 143B.

      covers:

      (a) in relation to a modern award: see section 48; and

      (b) in relation to an enterprise agreement: see section 53; and

      (c) in relation to a workplace determination: see section 277.

      day of placement: see subsection 67(6).

      de facto partner of a national system employee:

      (a) means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same sex or different sexes); and

      (b) includes a former de facto partner of the employee.

      Deputy President means a Deputy President of FWA.

      designated outworker term of a modern award, enterprise agreement, workplace determination or other instrument, means any of the following terms, so far as the term relates to outworkers in the textile, clothing or footwear industry:

      (a) a term that deals with the registration of an employer or outworker entity;

      (b) a term that deals with the making and retaining of, or access to, records about work to which outworker terms of a modern award apply;

      (c) a term imposing conditions under which an arrangement may be entered into by an employer or an outworker entity for the performance of work, where the work is of a kind that is often performed by outworkers;

      (d) a term relating to the liability of an employer or outworker entity for work undertaken by an outworker under such an arrangement, including a term which provides for the outworker to make a claim against an employer or outworker entity;

      (e) СКАЧАТЬ