New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
INDUSTRIAL RELATIONS ACT 1996 -
DICTIONARY
(Section 4)
Note--: The Interpretation Act 1987 contains definitions and other provisions
that affect the interpretation and application of this Act.
"award" means an award made, or taken to be made, by the Commission under this
Act, and includes any order of the Commission under this Act that sets
conditions of employment.
"bailor" --see section 308.
"Commission" means the Industrial Relations Commission of New South Wales
established by this Act.
"Commission in Court Session" means the Commission as constituted under
section 151.
"Commissioner" means a Commissioner of the Commission.
"committee of management" of an organisation, means the group or body of
persons (however described) that manages the affairs of the organisation.
"conditions of employment" includes any provisions about an industrial matter.
"contract agreement" means an agreement approved, or taken to be approved, by
the Commission under Part 3 of Chapter 6.
"contract determination" means a contract determination made, or taken to be
made, by the Commission under Part 2 of Chapter 6.
"contract of bailment" --see section 307.
"contract of carriage" --see section 309.
"dispute order" --see Part 2 of Chapter 3.
"employee" --see section 5.
"employer" means a person who employs an employee within the meaning of this
Act--
(a) whether the person is an individual, a corporation, an
unincorporated body or the State, and
(b) whether the person does so on the
person's own behalf or on behalf of some other person.
"enterprise agreement" means an enterprise agreement approved, or taken to be
approved, by the Commission under this Act.
"exercise" a function includes perform a duty.
"facilitator" , for mutual gains bargaining, has the same meaning as in
section 129O.
"Fair Work Australia" means Fair Work Australia established under the
Fair Work Act 2009 of the Commonwealth, and includes any successor to that
body.
"former industrial agreement" --see clause 6 of Schedule 4.
"function" includes a power, authority or duty.
"good faith" , in relation to mutual gains bargaining--see section 129M.
"industrial action" means a strike by employees or a lock-out by an employer,
and includes-- (a) a practice relating to the performance of work, adopted in
connection with an industrial dispute, that restricts, limits or delays the
performance of work, or
(b) a ban, limitation or restriction affecting the
performance of work, or the offering or acceptance of work, that is adopted in
connection with an industrial dispute, or
(c) any failure or refusal in
connection with an industrial dispute to attend for work or to perform work,
but does not include any action taken by employees with the agreement of their
employer or any action taken by employers with the agreement of their
employees.
"industrial agent" means a person (other than an Australian legal practitioner
or an employee or officer of an industrial organisation) who represents a
party in proceedings before the Commission for fee or other reward.
"industrial agent service" means any service performed by a person in the
person's capacity as an industrial agent.
"Industrial Committee" means an Industrial Committee of the Commission
established, or taken to be established, under this Act.
"industrial dispute" means a dispute (including a question or difficulty)
about an industrial matter, and includes the following-- (a) a demarcation
dispute,
(b) a threatened or likely industrial dispute,
(c) a situation that
is likely to give rise to an industrial dispute if preventative action is not
taken.
"Industrial Gazette" means the publication of that name published under the
authority of the Industrial Registrar.
"industrial instrument" --see section 8.
"industrial matters" --see section 6.
"industrial organisation" means an industrial organisation of employees or an
industrial organisation of employers.
"industrial organisation of employees" means an industrial organisation of
employees registered, or taken to be registered, under Chapter 5.
"industrial organisation of employers" means an industrial organisation of
employers registered, or taken to be registered, under Chapter 5.
"Industrial Registrar" means the Industrial Registrar referred to in
section 207.
"industrial relations legislation" means any of the following Acts and the
regulations made under any such Act-- This Act
Annual Holidays Act 1944
Employment Protection Act 1982
Long Service Leave Act 1955
Long Service Leave (Metalliferous Mining Industry) Act 1963 .
"industry" --see section 7.
"inspector" means an inspector appointed for the purposes of this Act.
"judicial member" , of the Commission--see section 149(4).
"member of the family" of a person, means (in section 265 and Chapter 6) the
person's spouse (including a person with whom the person has a de facto
relationship), parent, grandparent, child or sibling, any such relative by
marriage or de facto relationship and any step-parent or step-child (with
"de facto relationship" having the same meaning in this definition as in the
Property (Relationships) Act 1984 ).
"Minimum Wage Panel" means the Minimum Wage Panel constituted under the
Fair Work Act 2009 of the Commonwealth, and includes any successor to that
panel.
"motor vehicle" means a motor vehicle or trailer within the meaning of the
Road Transport Act 2013 .
"NSW industrial relations website" --see section 208A.
"office" in an organisation, means-- (a) an office of president,
vice-president, secretary or assistant secretary of the organisation, or
(b)
the office of a voting member of a collective body of the organisation, being
a collective body that has power in relation to any of the following
functions-- (i) the management of the financial or other affairs of the
organisation,
(ii) the determination of policy for the organisation,
(iii)
the making, alteration or rescission of rules of the organisation,
(iv) the
enforcement of rules of the organisation, or the performance of functions in
relation to the enforcement of such rules, or
(c) an office the holder of
which is, under the rules of the organisation, entitled to participate
directly in any of the functions referred to in paragraph (b) (i) or (iv),
other than an office the holder of which participates only in accordance with
directions given by a collective body or another person for the purpose of
implementing existing policy of the organisation or decisions concerning the
organisation, or
(d) an office the holder of which is, under the rules of the
organisation, entitled to participate directly in any of the functions
referred to in paragraph (b) (ii) or (iii), or
(e) the office of a person
holding (whether as trustee or otherwise) property of the organisation or
property in which the organisation has a beneficial interest.
"officer" of an organisation means a person who holds an office in the
organisation.
"outworker" in the clothing trades means a person described in clause 1 (f) of
Schedule 1 as an employee. Note--: A person described in clause 1 (f) of
Schedule 1 as an employee is taken to be an employee for the purposes of this
Act by section 5 (3).
"party" to an industrial instrument includes the successor of a party to the
instrument.
"pay equity" means equal remuneration for men and women doing work of equal or
comparable value.
"penalty unit" see section 17 of the Crimes (Sentencing Procedure) Act 1999 .
Note--: Penalties for offences are expressed in penalty units. At the time of
this update the penalty unit was $110.
"premises" includes any mine, structure, building, aircraft, vehicle, vessel
and place (whether built on or not), and any part of it.
"Presidential Member" , of the Commission--see section 147(2).
"principal contractor" --see section 310.
"public sector employee" includes an employee of a public authority and a
member of the Public Service, the NSW Police Force, the NSW Health Service or
the Teaching Service.
"public sector industrial agreement" means an agreement under section 51 of
the Government Sector Employment Act 2013 , section 87 of the Police Act 1990
, section 14 of the Teaching Service Act 1980 or section 26 (4) of the Area
Health Services Act 1986 or any similar kind of agreement relating to public
sector employees.
"public vehicle" means a taxi or hire vehicle within the meaning of the
Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .
"resolution" of an industrial dispute includes the avoidance or settlement of
the dispute.
"rules" of an organisation includes, in the case of an organisation that is a
company, the memorandum or articles of association of the organisation.
"State peak council" means-- (a) Unions NSW (being the State peak council for
employees), or
(b) an organisation approved for the time being by the
Commission under section 216 as a State peak council for employers.
"successor" includes transferee, assignee, devisee or other successor at law.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback