Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"authorised officer" means a person appointed under section 29 ;
continuous employment has the meaning given in section 12 ;
"employee "includes—
(a) a person employed by an employer to do any work for hire or reward and includes—
(i) an apprentice and any person whose contract of employment requires the person to learn or to be taught an occupation; and
(ii) a casual or seasonal employee; and
(b) a public sector employee within the meaning of section 4(1) of the Public Administration Act 2004 ; and
(c) a person employed under Part 6 of the Public Administration Act 2004 ; and
(d) a director of a public entity within the meaning of the Public Administration Act 2004 ; and
(e) a person appointed under Part 3 of the Victoria Police Act 2013 ; and
(f) a person appointed as a police reservist under section 103 of the Police Regulation Act 1958 as in force immediately before the commencement of section 282 of the Victoria Police Act 2013 ;
employer includes—
(a) a person by whom an employee is employed; and
(b) in the case of a transfer of assets referred to in section 11, a person who was not an employer at the time of the transfer but who is taken to be an employee's one employer under that section; and
(c) in the case of a contract for the performance of work referred to in section 11, a person who was not an employer at the time the contract was entered into but who is taken to be an employee's one employer under that section; and
(d) a person or body (corporate or unincorporate) nominated by the Governor in Council as the employer of a person referred to in paragraph (b), (c), (d), (e) or (f) of the definition of "employee";
"employment agreement" means the agreement (whether written or oral) under which an employee is employed and includes—
(a) a fair work instrument; and
(b) a fair work instrument given continuing effect under the Fair Work Transition Act;
"Fair Work Act" means the Fair Work Act 2009 of the Commonwealth;
"fair work instrument" has the same meaning as in section 12 of the Fair Work Act;
"Fair Work Transition Act" means the Fair Work (Transitional Provisions
and Consequential Amendments) Act 2009
of the Commonwealth;
"long service leave record" includes any register, certificate, notice, pay sheet or other document relating to an employee's long service leave entitlement;
one employer has the meaning given in section 11;
ordinary pay has the meaning given in section 15(1);
ordinary time rate of pay has the meaning given in section 15(2);
"organisation" means an association of employees that is registered under the law of any State or Territory or of the Commonwealth;
"other Act" includes an Act of the Commonwealth and of any State or Territory;
"parental leave" means—
(a) maternity leave; and
(b) paternity leave; and
(c) adoption leave;
"person" includes an unincorporated body and a partnership;
"reasonable business grounds" includes the following—
(a) there is no capacity to change the working arrangements of other employees to accommodate the employee taking long service leave at the requested time;
(b) it is impractical to change the working arrangements of other employees, or recruit new employees to accommodate the employee taking long service leave at the requested time;
(c) the long service leave requested by the employee is likely to result in a significant loss in efficiency or productivity;
(d) the long service leave requested by the employee is likely to have a significant negative impact on customer service;
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) to the Department of Economic Development, Jobs, Transport and Resources.
(2) For the purposes of the definition of casual or seasonal employee in subsection (1), a casual or seasonal employee may be employed—
(a) on a part-time or full-time basis; and
(b) by the employer under 2 or more employment agreements; and
(c) by other employers during the period referred to in that definition.