Fair Work Act. Australia
in which the association has a beneficial interest.
Office of the Fair Work Ombudsman means the body established by section 696.
officer, of an industrial association, means:
(a) an official of the association; or
(b) a delegate or other representative of the association.
official, of an industrial association, means a person who holds an office in, or is an employee of, the association.
old employer, in relation to a transfer of business: see subsection 311(1).
ordinary hours of work of an award/agreement free employee: see section 20.
organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009.
outworker means:
(a) an employee who, for the purpose of the business of his or her employer, performs work at residential premises or at other premises that would not conventionally be regarded as being business premises; or
(b) an individual who, for the purpose of a contract for the provision of services, performs work:
(i) in the textile, clothing or footwear industry; and
(ii) at residential premises or at other premises that would not conventionally be regarded as being business premises.
outworker entity means any of the following entities, other than in the entity’s capacity as a national system employer:
(a) a constitutional corporation;
(b) the Commonwealth;
(c) a Commonwealth authority;
(d) a body corporate incorporated in a Territory;
(e) a person so far as:
(i) the person arranges for work to be performed for the person (either directly or indirectly); and
(ii) the work is of a kind that is often performed by outworkers; and
(iii) the arrangement is connected with a Territory.
Note: Sections 30F and 30Q extend the meaning of outworker entity in relation to a referring State.
outworker terms: see subsection 140(3).
paid agent, in relation to a matter before FWA, means an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter.
paid annual leave means paid annual leave to which a national system employee is entitled under section 87.
paid no safe job leave means paid no safe job leave to which a national system employee is entitled under paragraph 81(3)(b).
paid personal/carer’s leave means paid personal/carer’s leave to which a national system employee is entitled under section 96.
Partial work ban: see subsection 470(3).
Part of a single enterprise: see subsection 168A(6).
passes the better off overall test:
(a) in relation to an enterprise agreement that is not a greenfields agreement: see subsection 193(1); and
(b) in relation to a greenfields agreement: see subsection 193(3).
pattern bargaining: see section 412.
peak council means a national or State council or federation that is effectively representative of a significant number of organisations (within the ordinary meaning of the term) representing employers or employees in a range of industries.
pecuniary penalty order means an order under subsection 546(1).
penalty unit has the meaning given by section 4AA of the Crimes Act 1914.
period of employment: see section 384.
permissible occasion: see sections 102 and 104.
permit holder means a person who holds an entry permit.
permit qualification matters: see subsection 513(1).
permitted matters in relation to an enterprise agreement: see subsection 172(1).
pieceworker: see section 21.
pilot, in relation to an aircraft, includes a pilot in command, co-pilot or pilot of any other description.
post-declaration negotiating period: see subsection 269(2).
post-industrial action negotiating period: see subsection 266(3).
premises includes:
(a) any land, building, structure, mine, mine working, aircraft ship, vessel, vehicle or place; and
(b) a part of premises (including premises referred to in paragraph (a)).
pre-parental leave position: see subsection 83(2).
prescribed State industrial authority means a State board, court, tribunal, body or official prescribed by the regulations.
President means the President of FWA.
procedural rules means the procedural rules of FWA made under section 609.
process or proceedings under a workplace law or workplace instrument: see subsection 341(2).
prospective award covered employee for an enterprise agreement: see subsection 193(5).
protected action ballot means a ballot conducted under Division 8 of Part 3–3.
protected action ballot agent for a protected action ballot means the person that conducts the protected action ballot.
protected action ballot order: see subsection 437(1).
protected from unfair dismissal: see section 382.
protected industrial action: see section 408.
public holiday: see section 115.
public sector employment: see subsections 795(4) and (5).
public sector employment law: see subsection 40(3).
recognised emergency management body: see subsection 109(3).
registered employee association means:
(a) an employee organisation; or
(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law.
reinstatement includes appointment by an associated entity in the circumstances provided for in an order to which subsection 391(1A) applies.
related body corporate has the meaning given by the Corporations Act 2001.
relevant employee organisation, in relation to a greenfields agreement, means an employee organisation that is entitled to represent the industrial interests of one or more of