Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"AAT presidential member " means a person who is a presidential member of the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 .
"ABC Commissioner " means the Australian Building and Construction Commissioner referred to in subsection 15(1).
"accredited person " means a person who is accredited under the WHS Accreditation Scheme.
"ancillary site " has the meaning given by section 9.
"authorised applicant " for an order relating to a contravention of a civil remedy provision means:
(a) the ABC Commissioner or any other inspector; or
(b) a person affected by the contravention; or
(c) a person prescribed by the rules for the purposes of this paragraph.
Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules.
"authorised officer " means an inspector or a Federal Safety Officer.
"bargaining representative " has the meaning given by the FW Act.
"builder " has the meaning given by subsection 43(8).
"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 rules allow membership by members of 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 Code " means the code of practice referred to in section 34.
"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 enterprise agreement " means an enterprise agreement that applies to building work (whether or not it also applies to other work).
"building industry law enforcement " has the meaning given by section 106.
"building industry participant " means any of the following:
(a) a building employer;
(b) a building employee;
(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.
"building matter " means a matter that relates to a building industry participant.
"building site " means a site at which building work is being or may be performed.
"building work " has the meaning given by section 6.
"civil penalty order " means an order under paragraph 81(1)(a).
"civil remedy provision " means:
(a) a Grade A civil remedy provision; or
(b) a Grade B civil remedy provision.
"Commission " means the Australian Building and Construction Commission referred to in subsection 29(2).
"Commissioner " means the ABC Commissioner or a Deputy ABC Commissioner.
"Commonwealth authority " has the meaning given by the Commonwealth Authorities and Companies Act 1997 .
"Commonwealth industrial instrument " means any of the following:
(a) an award or transitional award (within the meaning of the FW Transitional Act);
(b) a workplace agreement (within the meaning of the FW Transitional Act);
(c) a pre- reform certified agreement or a pre-reform AWA (within the meaning of the FW Transitional Act);
(d) an order of the Australian Industrial Relations Commission or the FWC;
(e) the Australian Fair Pay and Conditions Standard (within the meaning of the FW Transitional Act);
(f) a fair work instrument (within the meaning of the FW Act);
(g) the National Employment Standards (within the meaning of the FW Act).
"Commonwealth Ombudsman " means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976 .
"Commonwealth place " means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.
"compliance powers " means functions and powers conferred on an authorised officer.
"compliance purposes " means:
(a) for an inspector--the purposes referred to in subsection 70(1); or
(b) for a Federal Safety Officer--the purposes referred to in subsection 70(2).
"conduct " includes an omission.
"constitutional corporation " means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutionally-covered entity " means:
(a) a constitutional corporation; or
(b) the Commonwealth; or
(c) a Commonwealth authority; or
(d) a body corporate incorporated in a Territory; or
(e) an organisation.
"copy " a document includes take extracts from the document.
"Deputy ABC Commissioner " means a Deputy Australian Building and Construction Commissioner referred to in subsection 15(2).
"designated building law " means:
(a) the Independent Contractors Act 2006 , the FW Act or the FW Transitional Act; or
(b) a Commonwealth industrial instrument.
"designated official " means any of the following:
(a) the ABC Commissioner;
(b) a Deputy ABC Commissioner;
(c) an inspector;
(d) a member of staff referred to in subsection 30(1);
(e) a person assisting the ABC Commissioner under section 31;
(f) a person engaged as a consultant under section 32;
(g) the General Manager of the FWC;
(h) the Commonwealth Ombudsman, a Deputy Commonwealth Ombudsman or a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 ;
(i) a person acting under a delegation under this Act from a person referred to in any of the preceding paragraphs.
"disclose " means divulge or communicate.
"employee " has its ordinary meaning, and:
(a) includes an individual who is usually an employee within that meaning; but
(b) does not include an individual on a vocational placement.
"employer " has its ordinary meaning, and includes a person that is usually an employer within that meaning.
"enterprise agreement " has the same meaning as in the FW Act.
"entrusted person " has the meaning given by subsection 106(1).
"evidential burden " , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"examination " means an attendance by a person, before the ABC Commissioner, where the person is required as a result of an examination notice to answer questions relevant to an investigation.
"examination notice " means an examination notice issued under Part 2 of Chapter 7.
"Federal Circuit Court " means the Federal Circuit Court of Australia.
"Federal Court " means the Federal Court of Australia.
"Federal Safety Commissioner " means the Federal Safety Commissioner referred to in section 37.
"Federal Safety Officer " means:
(a) the Federal Safety Commissioner; or
(b) a person appointed as a Federal Safety Officer under subsection 68(1).
"full-time Commissioner " means:
(a) the ABC Commissioner; or
(b) a Deputy ABC Commissioner appointed on a full-time basis.
"funding entity " has the meaning given by subsection 34(2C).
"FW Act " means the Fair Work Act 2009 .
"FWC " means the Fair Work Commission.
"FW Transitional Act " means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
"Grade A civil remedy 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".
Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)).
"Grade B civil remedy 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".
Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)).
"independent contractor " has the same meaning as in the FW Act.
"industrial action " has the meaning given by section 7.
"industrial association " means:
(a) an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law (within the meaning of the FW Act); or
(b) an association of employees, or independent contractors, or both, a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors; or
(c) an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment, independent contractors or both;
and includes:
(d) a branch of such an association; and
(e) an organisation; and
(f) a branch of an organisation.
"inspector " means:
(a) the ABC Commissioner; or
(b) a person appointed as an Australian Building and Construction Inspector under subsection 66(1).
"land " has a meaning affected by subsection 6(6).
"lawyer " means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.
"lockout " has the meaning given by subsection 7(3).
"nominated AAT presidential member " means an AAT presidential member in respect of whom a nomination is in force under section 61A to issue examination notices under Part 2 of Chapter 7.
"occupier " has the same meaning as in the FW Act.
"officer " , in relation to an organisation or industrial association, means a person who holds an office in, or is an employee of, the organisation or association.
"official employment " has the meaning given by subsection 106(8).
"organisation " has the same meaning as in the Fair Work (Registered Organisations) Act 2009 .
"part-time Commissioner " means a Deputy ABC Commissioner appointed on a part-time basis.
"person " has a meaning affected by section 96.
"pre-construction agreement " has the meaning given by subsection 43(8).
"premises " has the same meaning as in the FW Act.
"protected industrial action " has the meaning given by section 8.
"protected information " means information that:
(a) was disclosed or obtained under an examination notice or at an examination; and
(b) was obtained by an entrusted person in the course of official employment; and
(c) relates to a person other than the entrusted person.
"protected person " has the meaning given by subsection 8(3).
"quarter " means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
"relevant court " means each of the following courts:
(a) the Federal Court;
(b) the Federal Circuit Court;
(c) a Supreme Court of a State or Territory;
(d) a District Court, or County Court, of a State.
"relevant State or Territory court " means each of the following courts:
(a) a District, County or Local Court of a State;
(b) a magistrates court;
(c) the Industrial Relations Court of South Australia;
(d) the Industrial Court of New South Wales;
(e) any other State or Territory court that is prescribed by the rules.
"resources platform " means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.
"Secretary " means the Secretary of the Department.
"single enterprise " has the meaning given by subsection 59(2).
"this Act " includes the rules and the regulations.
"unlawful industrial action " : action is unlawful industrial action if:
(a) the action is industrial action (see section 7); and
(b) the action is not protected industrial action (see section 8).
"unlawful picket " has the meaning given by subsection 47(2).
"WHS Accreditation Scheme " means the Work Health and Safety Accreditation Scheme referred to in section 43.
"Working Group " means the Security of Payments Working Group established by section 32A.