New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 5

5 Definition of employee

(1) General definition In this Act,
"employee" means--

(a) a person employed in any industry, whether on salary or wages or piece-work rates, or

(b) any person taken to be an employee by subsection (3).

(2) A person is not prevented from being an employee only because--

(a) the person is working under a contract for labour only, or substantially for labour only, or

(b) the person works part-time or on a casual basis, or

(c) the person is the lessee of any tools or other implements of production, or

(d) the person is an outworker, or

(e) the person is paid wholly or partly by commission (such as a person working in the capacity of salesperson, commercial traveller or insurance agent).

(3) Deemed employees The persons described in Schedule 1 are taken to be employees for the purposes of this Act. Any person described in that Schedule as the employer of such an employee is taken to be the employer.

(4) Exclusion A person employed or engaged by his or her spouse, de facto partner or parent is not an employee for the purposes of this Act.

Note--: "De facto partner" is defined in section 21C of the Interpretation Act 1987 .