Fair Work Act. Australia. Читать онлайн. Newlib. NEWLIB.NET

Автор: Australia
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Жанр произведения: Юриспруденция, право
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term casual employee: a national system employee of a national system employer is a long term casual employee at a particular time if, at that time:

      (a) the employee is a casual employee;and

      (b) the employee has been employed by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months.

      low-paid authorisation: see subsection 242(1).

      low-paid workplace determination means:

      (a) a consent low-paid workplace determination; or

      (b) a special low-paid workplace determination.

      made:

      (a) in relation to an enterprise agreement: see section 182; and

      (b) in relation to a variation of an enterprise agreement: see section 209.

      magistrates court means:

      (a) a court constituted by a police, stipendiary or special magistrate; or

      (b) a court constituted by an industrial magistrate.

      majority support determination: see subsection 236(1).

      maritime employee means a person who is, or whose occupation is that of, a master as defined in section 6 of the Navigation Act 1912, a seaman as so defined or a pilot as so defined.

      medical certificate means a certificate signed by a medical practitioner.

      medical practitioner means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

      membership action: see subsection 350(3).

      minimum employment period: see section 383.

      Minimum Wage Panel means the Minimum Wage Panel of FWA constituted under section 620.

      Minimum Wage Panel Member means a Minimum Wage Panel Member of FWA.

      minimum wages objective: see subsection 284(1).

      miscellaneous modern award: see subsection 163(4).

      model consultation term: see subsection 205(3).

      model flexibility term: see subsection 202(5).

      modern award means a modern award made under Part 2–3.

      modern award minimum wages: see subsection 284(3).

      modern award powers: see subsection 134(2).

      modern awards objective: see subsection 134(1).

      modern enterprise award: see subsection 168A(2).

      modern enterprise awards objective: see subsection 168B(1).

      modifications includes additions, omissions and substitutions.

      multi-enterprise agreement means an enterprise agreement made as referred to in subsection 172(3).

      named employer award: see subsection 312(2).

      National Employment Standards: see subsection 61(3).

      national minimum wage order means a national minimum wage order made in an annual wage review.

      national system employee: see section 13.

      Note: Sections 3 °C and 30M extend the meaning of national system employee in relation to a referring State.

      national system employer: see section 14.

      Note: Sections 30D and 30N extend the meaning of national system employer in relation to a referring State.

      new employer, in relation to a transfer of business: see subsection 311(1).

      nominal expiry date:

      (a) of an enterprise agreement approved under section 186, means the date specified in the agreement as its nominal expiry date; or

      (b) of an enterprise agreement approved under section 189 (which deals with agreements that do not pass the better off overall test): see subsection 189(4); or

      (c) of a workplace determination, means the date specified in the determination as its nominal expiry date.

      non-excluded matters: see subsection 27(2).

      non-member record or document: see subsection 482(2A).

      non-monetary benefits: see subsection 332(3).

      non-national system employee means an employee who is not a national system employee.

      non-national system employer means an employer that is not a national system employer.

      non-transferring employee of a new employer, in relation to a transfer of business: see subsection 314(2).

      notification time for a proposed enterprise agreement: see subsection 173(2).

      objectionable term means a term that:

      (a) requires, has the effect of requiring, or purports to require or have the effect of requiring; or

      (b) permits, has the effect of permitting, or purports to permit or have the effect of permitting;

      either of the following:

      (c) a contravention of Part 3–1 (which deals with general protections);

      (d) the payment of a bargaining services fee.

      occupier, of premises, includes a person in charge of the premises.

      office, in an industrial association, means:

      (a) an office of president, vice president, secretary or assistant secretary of the association; or

      (b) the office of a voting member of a collective body of the association, being a collective body that has power in relation to any of the following functions:

      (i) the management of the affairs of the association;

      (ii) the determination of policy for the association;

      (iii) the making, alteration or rescission of rules of the association;

      (iv) the enforcement of rules of the association, 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 association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (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:

      (i) existing policy of the association; or

      (ii) decisions concerning the association; or

      (d) an office the holder of which is, under the rules of the association, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or

      (e) the office of a person holding (whether as trustee or otherwise) property:

      (i) of the association; or