South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 6

6—Amendment of section 4—Interpretation

        (1)         Section 4(1), definition of "apprentice"—delete the definition and substitute:

"apprentice" means an apprentice/trainee as defined in the Training and Skills Development Act 2003 ;

        (2)         Section 4(1), after the definition of "award"—insert:

"child" means a person who has not attained the age of 18 years;

        (3)         Section 4(1), definition of "Commission"—delete the definition and substitute:

"Commission" means the Industrial Relations Commission of South Australia;

        (4)         Section 4(1), definition of "enterprise agreement —delete "an employer" and substitute:

1 or more employers

        (5)         Section 4(1), after the definition of "examinable arrangements —insert:

"family"—the following are to be regarded as members of a person's family—

            (a)         a spouse;

            (b)         a child;

            (c)         a parent;

            (d)         any other member of the person's household;

            (e)         any other person who is dependent on the person's care;

        (6)         Section 4(1), definition of "industrial matter —delete "the rights, privileges or duties of employers or employees (including prospective employers or employees)" and substitute:

or relating to the rights, privileges or duties of an employer or employers (including a prospective employer or prospective employers) or an employee or employees (including a prospective employee or prospective employees)

        (7)         Section 4(1), definition of "industrial matter", (d)—delete paragraph (d) and substitute:

            (d)         the relationship between an employer and an apprentice (and any matter relating to employment arising between an employer and an apprentice);

        (8)         Section 4(1), definition of "industrial matter —after paragraph (k) insert:

            (ka)         any matter affecting or relating to the performance of work by outworkers, including—

                  (i)         the giving out of work which is to be performed (or is reasonably likely to be performed), directly or indirectly, by an outworker;

                  (ii)         the regulation of any person who gives out work which is to be performed (or is reasonably likely to be performed), directly or indirectly, by an outworker;

                  (iii)         the creation of 1 or more contracts (including a series of contracts) dealing with the performance of work by outworkers;

                  (iv)         the terms or conditions under which work is performed by outworkers;

                  (v)         the protection of outworkers in any other respect;

        (9)         Section 4(1), definition of "junior"—delete "or a trainee"

        (10)         Section 4(1)—after the definition of "outworker" insert:

"peak entity" means—

            (a)         the Minister; and

            (b)         the United Trades and Labor Council; and

            (c)         the South Australian Employers' Chamber of Commerce and Industry Incorporated; and

            (d)         the Employee Ombudsman; and

            (e)         any other body brought within the ambit of this definition by the regulations;

        (11)         Section 4(1), definition of "trainee"—delete the definition and substitute:

"workplace" means any place where an employee works and includes any place where such a person goes while at work but does not include any premises of an employer used for habitation by the employer and his or her household other than any part of such premises where an outworker works.

        (12)         Section 4(2)—delete subsection (2)

        (13)         Section 4(3)—delete "However, a" and substitute:

A

        (14)         Section 4—after subsection (4) insert:

        (5)         The Registrar must, as soon as is reasonably practicable after the commencement of each year, determine the new amounts that are to apply (according to his or her calculations) under this Act on account of the operation of subsection (4) and cause those new amounts to be published on an Internet site.



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