(1)  In this Act, unless the contrary intention appears –

amendment reference means the reference under section 5(1)(b) ;

Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth, as amended from time to time;

excluded subject matter means any of the following:

(a) a matter dealt with in the Anti-Discrimination Act 1998 ;

(b) superannuation;

(c) workers compensation;

(d) occupational health and safety;

(e) matters relating to outworkers within the ordinary meaning of the term;

(f) child labour;

(g) training arrangements;

(h) long service leave;

(i) leave for victims of crime;

(j) attendance for service on a jury, or for emergency service duties;

(k) declaration, prescription or substitution of public holidays;

(l) the following matters relating to the provision of essential services or to situations of emergency:

(i) directions to perform work (including to perform work at a particular time or place, or in a particular way);

(ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);

(m) regulation of any of the following:

(i) employee associations;

(ii) employer associations;

(iii) members of employee associations or employer associations;

(n) workplace surveillance;

(o) business trading hours;

(p) claims for enforcement of contracts of employment, except so far as a law of the State provides for variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;

(q) rights or remedies incidental to a matter referred to in any paragraph from paragraph (a) to paragraph (p)  –

except to the extent that the Fair Work Act 2009 of the Commonwealth, as originally enacted, deals with the matter (directly or indirectly) or requires or permits instruments made or given effect under the Commonwealth Fair Work Act so to deal with the matter;

express amendment of the Commonwealth Fair Work Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Fair Work Act;

fundamental workplace relations principles has the meaning it has in section 4 ;

initial reference means the reference under section 5(1)(a) ;

initial referred provisions means the scheduled text to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State;

public sector employee means a person employed by a public sector employer;

public sector employer means –

(a) a Minister; or

(b) the Governor; or

(c) the Crown;

reference means –

(a) the initial reference; or

(b) the amendment reference; or

(c) the transition reference;

referred subject matters means any of the following:

(a) terms and conditions of employment, including any of the following:

(i) minimum terms and conditions of employment (including employment standards and minimum wages);

(ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);

(iii) bargaining in relation to terms and conditions of employment;

(iv) the effect of a transfer of business on terms and conditions of employment;

(b) terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;

(c) rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following:

(i) freedom of association and related protections;

(ii) protection from discrimination relating to employment;

(iii) termination of employment;

(iv) industrial action;

(v) protection from payment of fees for services related to bargaining;

(vi) sham independent contractor arrangements;

(vii) standing down employees without pay;

(viii) rights of entry and rights of access to records;

(d) compliance with, and enforcement of, the Commonwealth Fair Work Act;

(e) the administration of the Commonwealth Fair Work Act;

(f) the application of the Commonwealth Fair Work Act;

(g) matters incidental or ancillary to the operation of the Commonwealth Fair Work Act or of instruments made or given effect under the Commonwealth Fair Work Act –

but does not include any excluded subject matter;

referred transition matters means the matters of the making of laws with respect to the transition from the regime provided for by –

(a) the Workplace Relations Act 1996 of the Commonwealth (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth); or

(b) a law of this State relating to industrial relations –

to the regime provided for by the Commonwealth Fair Work Act;

scheduled text means the text set out in Schedule 1 ;

transition reference means the reference under section 5(1)(c) .

(2)  Words or phrases in the definition of "excluded subject matter" , or the definition of "referred subject matters" , that are defined in the Commonwealth Fair Work Act have the same meaning as in that Act.