Commonwealth Numbered Acts

BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

"award" means an award made under the Conciliation and Arbitration Act, an
order made by the Commission under that Act, an industrial agreement made
pursuant to that Act or a memorandum certified in accordance with section 28
of that Act;

"branch", in relation to an organization, includes any part of the
organization established under the rules of the organization;

"Commission" means the Australian Conciliation and Arbitration Commission;

"Conciliation and Arbitration Act" means the Conciliation and Arbitration Act
1904;

"Federation"-

   (a)  subject to the following paragraphs, means the organization registered
        under the Conciliation and Arbitration Act by the name "The Australian
        Building Construction Employees' and Builders Labourers' Federation"
        or, if the name of that organization is changed, that organization
        under the new name;

   (b)  if the registration of the organization referred to in paragraph (a)
        is cancelled under section 5, means, in relation to a time after the
        cancellation-

        (i)    the association that was registered as that organization; or

        (ii)   if the name of that association is changed or all or a
               substantial number of the members of that association form a
               new association in or in connection with the industry or a part
               of the industry in or in connection with which that association
               was formed-that association under the new name or the new
               association, as the case may be; or

   (c)  if the registration of the organization referred to in paragraph (a)
        is cancelled as mentioned in paragraph (b) and the association that
        constitutes the Federation by virtue of paragraph (b) becomes
        registered, by whatever name, as an organization under section 132 of
        the Conciliation and Arbitration Act, means, in relation to a time
        after the registration of that association under that section, that
        association as so registered;

"Full Bench" means a Full Bench of the Commission constituted in accordance
with section 17 of the Conciliation and Arbitration Act;

"industrial action" means-

   (a)  the performance of work (being work the terms and conditions of which
        are prescribed, wholly or partly, by an award) in a manner different
        from that in which it is customarily performed, or the adoption of a
        practice in relation to such work, where the performance of the work
        in that manner or the adoption of that practice results in a
        restriction or limitation on, or a delay in, the performance of the
        work;

   (b)  a ban, limitation or restriction on the performance of work, or on
        acceptance of or offering for work, in accordance with the terms and
        conditions prescribed by an award;

   (c)  a failure or refusal by persons to attend for work or a failure or
        refusal to perform any work at all by persons who attend for work; or

   (d)  action that hinders or prevents a person from performing work,
but does not include the performance of work in a manner, the adoption of a
practice, a ban, limitation or restriction, a failure or refusal, or action,
that is authorised by the employer of the persons concerned;

"organization" means an organization registered under the Conciliation and
Arbitration Act;

"Registrar" means the Industrial Registrar or a Deputy Industrial Registrar
appointed under the Conciliation and Arbitration Act;

"undertaking" includes any promise, commitment, pledge or other assurance and
also includes a statement of intention or policy.

(2) Conduct is capable of constituting industrial action notwithstanding that
the conduct concerned relates to part only of the duties that persons are
required to perform in the course of their employment.

(3) A reference in this Act to industrial action shall be read as including a
reference to a course of conduct consisting of a series of industrial actions.