Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 26

26. Section 4 of the Principal Act is amended:
(a) by omitting "3A of Part VI" from the definition of "certified agreement"
in subsection (1) and substituting "2 of Part VIB";
(b) by omitting from subsection (1) the definitions of "award" and

"employer" and substituting the following definitions:

" 'award' means:

   (a)  an award or order that has been reduced to writing under subsection
        143(1); or

   (b)  a certified agreement; or

   (c)  an enterprise flexibility agreement;
'employer' includes:

   (a)  in any case:

        (i)    a person who is usually an employer; and

        (ii)   an unincorporated club; and

   (b)  in relation to an agreement under Division 3 of Part VIB-a
        constitutional corporation that is a successor, assignee or
        transmittee (whether immediate or not) to or of the whole, or any
        relevant part or parts, of the business of the employer that made the
        agreement, including such a corporation that has acquired or taken
        over the whole, or any relevant part or parts, of that business;";

   (c)  by inserting in subsection (1) the following definitions:

" 'agreement' has a meaning affected by section 170NA;
'constitutional corporation' means:

   (a)  a foreign corporation within the meaning of paragraph 51(xx) of the
        Constitution; or

   (b)  a body corporate that is, for the purposes of paragraph 51(xx) of the
        Constitution, a financial corporation formed within the limits of the
        Commonwealth; or

   (c)  a body corporate that is, for the purposes of paragraph 51(xx) of the
        Constitution, a trading corporation formed within the limits of the
        Commonwealth; or

   (d)  a body corporate that is incorporated in a Territory; or

   (e)  a Commonwealth authority;
'enterprise flexibility agreement' means an agreement whose implementation has
been approved under Division 3 of Part VIB;
'industrial situation' means a situation that, if preventive action is not
taken, may give rise to:

   (a)  an industrial dispute of the kind referred to in paragraph (a) of the
        definition of 'industrial dispute'; or

   (b)  a demarcation dispute of the kind referred to in that definition;
'paid rates dispute' has the meaning given by paragraph 170TA(1)(b);
'paid rates functions and powers' has the meaning given by subsection
170TA(1);
'party', in relation to an industrial situation, means:

   (a)  an organisation of employees that is affected by the situation; or

   (b)  an organisation of employers that is affected by the situation, or
        members of which are so affected; or

   (c)  an employer who is affected by the situation;".