Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 4

Definitions
In this Act, unless the contrary intention appears:

"ABC Commissioner" means the Australian Building and Construction Commissioner referred to in section 9.

"ABC Inspector" means an Australian Building and Construction Inspector referred to in section 57.

"accreditation scheme" means the accreditation scheme referred to in section 35.

"AIRC" means the Australian Industrial Relations Commission established by section 8 of the Workplace Relations Act.

"AWA" has the meaning given by section 4 of the Workplace Relations Act.

Note: Part XV of the Workplace Relations Act extends the circumstances in which AWAs can be made.

"award" has the meaning given by section 4 of the Workplace Relations Act.

"building agreement" means an agreement that applies to building work (whether or not it also applies to other work).

"building association" means an industrial association whose eligibility rules allow membership by at least one of the following groups:

(a) building employers;
(b) building employees;
(c) building contractors;

whether or not those rules also allow membership by other persons.

"building certified agreement" means a certified agreement that applies to building work (whether or not it also applies to other work).

"Building Code" means the code of practice referred to in section 27.

"building contractor" means a person who has entered into, or who has offered to enter into, a contract for services under which the person:

(a) carries out building work; or
(b) arranges for building work to be carried out.

"building employee" means:

(a) a person whose employment consists of, or includes, building work; or
(b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.

"building employer" means an employer who employs, or offers to employ, building employees.

"building industry participant" means any of the following:

(a) a building employee;
(b) a building employer;
(c) a building contractor;
(d) a person who enters into a contract with a building contractor under which the building contractor agrees to carry out building work or to arrange for building work to be carried out;
(e) a building association;
(f) an officer, delegate or other representative of a building association;
(g) an employee of a building association.

"building work" has the meaning given by section 5.

"certified agreement" has the meaning given by section 4 of the Workplace Relations Act.

Note: Part XV of the Workplace Relations Act extends the circumstances in which agreements can be certified under Part VIB of that Act.

"civil penalty provision" means:

(a) a Grade A civil penalty provision; or
(b) a Grade B civil penalty provision.

"Commissioner" means the ABC Commissioner or a Deputy ABC Commissioner.

"Commonwealth authority" (except in section 35) 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 Territory; and
(ii) in which the Commonwealth has a controlling interest.

"Commonwealth industrial instrument" means:

(a) an award or certified agreement; or
(b) an order of the AIRC.

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

"conduct" includes an omission.

"constitutional corporation" means:

(a) a corporation to which paragraph 51(xx) of the Constitution applies; or
(b) a body corporate that is incorporated in a Territory.

"Deputy ABC Commissioner" means a Deputy Australian Building and Construction Commissioner referred to in section 9.

"designated building law" means:

(a) this Act or the Workplace Relations Act; or
(b) a Commonwealth industrial instrument.

"eligibility rules" means rules that relate to the conditions of eligibility for membership.

"eligible condition" means a condition relating to:

(a) the times or days when work is to be performed; or
(b) inclement weather procedures; or
(c) any other matter prescribed by the regulations for the purposes of this paragraph.

"employee" has the meaning given by section 4 of the Workplace Relations Act.

"employee organisation" means an organisation of employees within the meaning of the Workplace Relations Act.

"employer" has the meaning given by section 4 of the Workplace Relations Act.

"Federal Court" means the Federal Court of Australia.

"Federal Safety Commissioner" means the Federal Safety Commissioner referred to in section 29.

"Federal Safety Officer" means a Federal Safety Officer referred to in section 60.

"full-time Commissioner" means:

(a) the ABC Commissioner; or
(b) a Deputy ABC Commissioner appointed on a full-time basis.

"Grade A civil penalty provision" means:

(a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating "Grade A civil penalty"; or
(b) a subsection of this Act that has a note at its foot stating "Grade A civil penalty".

"Grade B civil penalty provision" means:

(a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating "Grade B civil penalty"; or
(b) a subsection of this Act that has a note at its foot stating "Grade B civil penalty".

"industrial association" has the same meaning as in Part XA of the Workplace Relations Act.

"industrial body" means:

(a) the AIRC; or
(b) a court or commission, however designated, exercising under an industrial law powers and functions corresponding to those conferred on the AIRC by the Workplace Relations Act.

industrial dispute (except in subsection 36(4) of this Act) has the meaning given by section 4 of the Workplace Relations Act (as affected by Part XV of that Act).

"industrial instrument" means an award or agreement, however designated, that:

(a) is made under or recognised by an industrial law; and
(b) deals with the relationship between employers and employees, concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.

"industrial law" means:

(a) this Act or the Workplace Relations Act; or
(b) a law, however designated, of the Commonwealth or of a State or Territory that regulates the relationships between employers and employees or provides for the prevention or settlement of disputes between employers and employees.

"Industrial Registrar" means the Industrial Registrar appointed under section 67 of the Workplace Relations Act.

"negotiating party" has the same meaning as in Division 8 of Part VIB of the Workplace Relations Act.

"occupier" has the meaning given by section 4 of the Workplace Relations Act.

"office", in relation to an organisation or industrial association or a branch of an organisation or industrial association, has the meaning given by section 6.

"officer", in relation to an organisation or industrial association, means a person who holds an office in the organisation or association.

"organisation" has the meaning given by section 4 of the Workplace Relations Act.

"part-time Commissioner" means a Deputy ABC Commissioner appointed on a part-time basis.

"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .

"premises" has the meaning given by section 4 of the Workplace Relations Act.

"Secretary" means the Secretary of the Department.

"unlawful industrial action" has the meaning given by section 37.

"Workplace Relations Act" means the Workplace Relations Act 1996 .



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