Fair Work Act. Australia
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) a term that requires minimum pay or other conditions, including the National Employment Standards, to be applied to an outworker who is not an employee;
(f) any other terms prescribed by the regulations.
designated outworker terms entry: see subsection 483A(5).
Disability Discrimination Commissioner means the Disability Discrimination Commissioner appointed under the Disability Discrimination Act 1992.
discriminatory term of an enterprise agreement: see section 195.
dismissal remedy bargaining order application: see subsection 726(2).
dismissed: see section 386.
earnings: see subsections 332(1) and (2).
eligible community service activity: see section 109.
eligible State or Territory court means one of the following courts:
(a) a District, County or Local Court;
(b) a magistrates court;
(c) the Industrial Relations Court of South Australia;
(ca) the Industrial Court of New South Wales;
(d) any other State or Territory court that is prescribed by the regulations.
employee is defined in the first Division of each Part (other than Part 1–1) in which the term appears.
Note 1:The definition in the Part will define employee either as a national system employee or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.
Note 2[2]:If the term has its ordinary meaning, see further subsections 15(1), 30E(1) and 30P(1).
employee claim action: see section 409 and paragraph 471(4A)(c).
employee couple: 2 national system employees are an employee couple if each of the employees is the spouse or de facto partner of the other.
employee organisation means an organisation of employees.
employee record, in relation to an employee, has the meaning given by the Privacy Act 1988.
employee response action: see section 410 and paragraph 471(4A)(d).
employee with a disability means a national system employee who is qualified for a disability support pension as set out in section 94 or 95 of the Social Security Act 1991, or who would be so qualified but for paragraph 94(1)(e) or 95(1)(c) of that Act.
employer is defined in the first Division of each Part (other than Part 1–1) in which the term appears.
Note 1:The definition in the Part will define employer either as a national system employer or as having its ordinary meaning. However, there may be particular provisions in the Part where a different meaning for the term is specified.
Note 2:If the term has its ordinary meaning, see further subsections 15(2), 30E(2) and 30P(2).
employer organisation means an organisation of employers.
employer response action: see section 411.
employing authority: see subsection 795(6).
engages in industrial activity: see section 347.
enterprise means a business, activity, project or undertaking.
enterprise agreement means:
(a) a single-enterprise agreement; or
(b) a multi-enterprise agreement.
entry notice: see subsection 487(2).
entry permit: see section 512.
equal remuneration for work of equal or comparable value: see subsection 302(2).
equal remuneration order: see subsection 302(1).
exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged