The defined meaning of 'industry' in s 7 of the Industrial Relations Act 1979 (WA), including the calling or vocation of employees, applies in s 37 (the common rule provision), so that vocational awards can extend to and bind employers who were not parties to the award proceedings. The earlier dictum of Burt CJ that vocational awards are unknown to the law is obiter and based on superseded legislation. The definition of 'casual employee' in the Minimum Conditions of Employment Act 1993 (WA) is not implied into awards; the MCE Act implies only minimum conditions of employment. The essence of casual employment is the absence of a firm advance commitment as to the duration of employment or the days or hours the employee will work, and it is not a necessary characteristic that the employee work under a series of separate and distinct contracts.
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