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INDUSTRIAL RELATIONS ACT 2016 - SECT 168

Definitions for chapter

168 Definitions for chapter

In this chapter—

"applies to" , for a bargaining instrument, see section 220 .

"arbitration determination" means a determination made under part 3 , division 2 .

"bargaining award" see section 166 .

"bargaining instrument" means—

(a) a certified agreement; or
(b) a bargaining award.

"certified agreement" see section 164 .

"covers" , for a bargaining instrument, see section 221 .

"designated award" , for a person to whom a certified agreement will apply, means an award the commission has decided under section 213 is appropriate for deciding whether the agreement passes the no-disadvantage test under part 5 , division 3 .

"employer" includes—
(a) a multi-employer; and
(b) for a project—an employer organisation for whom the agreement is made.

"group of employees" includes—
(a) employees of a single employer; and
(b) employees of a multi-employer; and
(c) employees of an employer who are engaged in a project, including a proposed project; and
(d) employees proposed to be employed in a new business by an employer, other than a multi-employer.

"multi-employer" means 2 or more employers who are associated because they—
(a) are related bodies corporate within the meaning of the Corporations Act ; or
(b) are engaged in a joint venture or common enterprise; or
(c) undertake similar work.

"multi-employer agreement" means a certified agreement made with a multi-employer.

"negotiating party" means—
(a) a person who is negotiating under this chapter; or
(b) a person who has received a notice of intention under section 169 and refuses to negotiate, other than a person in relation to whom section 170 applies.

"part 5 application" see section 191 .

"party" , in relation to a bargaining instrument or proposed bargaining instrument, means a person or organisation that is or will be covered by the instrument.

"peace obligation period" see section 174 (2) .

"project" includes construction.

"project agreement" means a certified agreement for a project or proposed project.

"proposed bargaining instrument" —
(a) in relation to a part 5 application, means the agreement or proposed bargaining award that is the subject of the application; or
(b) generally, means a proposed agreement or bargaining award being negotiated under this chapter.

"protected industrial action" , for part 8 , see section 233 (1) .

"relevant award" —
(a) in relation to a person to whom a certified agreement will apply, means a modern award or bargaining award—
(i) regulating any employment condition of persons engaged in the same kind of work as the work performed by persons covered by the agreement; and
(ii) that, immediately before the day the agreement was certified, covers the person’s employer; or
(b) in relation to a person who will be covered by a proposed bargaining award, means a modern award or bargaining award that, immediately before the proposed bargaining award is made, covers only the persons who will be covered by the proposed bargaining award.

"relevant employee" , for a bargaining instrument, means an employee who will be covered by the instrument.

"relevant employee organisation" , in relation to a bargaining instrument or proposed bargaining instrument, means—
(a) if a modern award or bargaining award covers an employer under the bargaining instrument or proposed bargaining instrument, or would cover the employer apart from an award under the Commonwealth Fair Work Act —an employee organisation that is covered by the award; or
(b) if paragraph (a) does not apply—an employee organisation that is entitled to represent the industrial interests of employees of the employer.

"scope order" see section 184 (1) .


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