Definitions
6 Definitions
In this Act, unless the contrary intention appears:
administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).
AEC means the Australian Electoral Commission.
Section 11 is also relevant to this definition.
applies:
in relation to a modern award, has the same meaning as in section 47 of the Fair Work Act; and
in relation to an enterprise agreement, has the same meaning as in section 52 of the Fair Work Act.
auditor, in relation to a reporting unit, means:
if an individual holds the position of auditor of the reporting unit under section 256—the individual; or
if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or
if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.
Australian Accounting Standards means the accounting standards:
issued by the Australian Accounting Standards Board; or
issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;
as in force, or applicable, from time to time, as modified by regulations made for the purpose of this definition.
Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.
authorised official means any of the following:
the General Manager;
an FWC Member;
the Fair Work Ombudsman (within the meaning of the Fair Work Act).
breach includes non‑observance.
CFMEU has the meaning given by clause 1 of Schedule 3.
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
civil penalty provision has the meaning given by subsection 305(2).
collective body means:
in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and
in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.
collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:
persons elected at the last preceding stage; or
persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.
committee of management:
in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and
in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.
Commonwealth authority means:
a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or
a body corporate:
incorporated under a law of the Commonwealth or a State or Territory; and
in which the Commonwealth has a controlling interest.
conduct includes being (whether directly or indirectly) a party to, or concerned in, the conduct.
constitutional corporation means:
a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or
a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or
a body corporate that is incorporated in a Territory; or
a Commonwealth authority.
Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.
control has the same meaning as in the Corporations Act 2001.
covers:
in relation to a modern award, has the same meaning as in section 48 of the Fair Work Act; and
in relation to an enterprise agreement, has the same meaning as in section 53 of the Fair Work Act.
declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
demarcation dispute includes:
a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or
a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or
a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.
Deputy President means a Deputy President of the FWC.
designated publication restriction has the same meaning as in the Public Interest Disclosure Act 2013.
detriment, in Part 4A of Chapter 11, has the meaning given by subsection 337BA(2).
directions contravention means a contravention of one of the following:
subsection 297(2) or (3);
subsection 298(2) or (3);
subsection 299(2) or (3);
subsection 300(2) or (3);
subsection 301(2) or (3);
subsection 302(2) or (3);
subsection 303(2).
direct voting system, in relation to an election for an office in an organisation, means a method of election at which:
all financial members; or
all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;
are, subject to reasonable provisions in relation to enrolment, eligible to vote.
disclosable conduct means an act or omission that:
contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or
constitutes, or may constitute, an offence against a law of the Commonwealth.
Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.
electoral official means an Australian Electoral Officer or a member of the staff of the AEC.
eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.
employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.
employer has its ordinary meaning, and includes:
a person who is usually such an employer; and
an unincorporated club.
employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.
enterprise means:
a business that is carried on by a single employer; or
a business that is carried on by related bodies corporate, at least one of which is an employer; or
an operationally distinct part of a business mentioned in paragraph (a) or (b); or
a grouping of 2 or more operationally distinct parts of a business mentioned in paragraph (a) or (b).
Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.
enterprise agreement has the same meaning as in the Fair Work Act.
enterprise association has the meaning given by subsection 18C(1).
entity has the same meaning as in Chapter 2E of the Corporations Act 2001.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
excluded auditor, in relation to a reporting unit, means:
an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or
a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or
a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or
a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or
a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or
a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.
For the purposes of this definition, employee has the same meaning as in Part 3 of Chapter 8.
exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
Fair Work Act means the Fair Work Act 2009 and includes regulations made under that Act.
federal counterpart has the meaning given by section 9A.
Federal Court means the Federal Court of Australia.
federally registrable:
in relation to an association of employers—has the meaning given by section 18A; and
in relation to an association of employees—has the meaning given by section 18B; and
in relation to an enterprise association—has the meaning given by section 18C.
federal system employee means:
a national system employee within the meaning of section 13 of the Fair Work Act; or
an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).
federal system employer means a national system employer within the meaning of section 14 of the Fair Work Act.
financial records includes the following to the extent that they relate to finances or financial administration:
a register;
any other record of information;
financial reports or financial records, however compiled, recorded or stored;
a document.
financial year, in relation to an organisation, means:
the period of 12 months commencing on 1 July in any year; or
if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.
Section 240 provides for a different financial year in special circumstances.
Full Bench has the same meaning as in the Fair Work Act.
FWC means the Fair Work Commission.
FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).
General Manager means the General Manager of the FWC.
general purpose financial report means the report prepared in accordance with section 253.
independent contractor is confined to a natural person.
industrial action has the same meaning as in the Fair Work Act.
irregularity, in relation to an election or ballot, includes:
a breach of the rules of an organisation or branch of an organisation; and
an act or omission by means of which:
the full and free recording of votes by all persons entitled to record votes and by no other persons; or
a correct ascertainment or declaration of the results of the voting;
is, or is attempted to be, prevented or hindered; and
a contravention of section 190.
lawyer has the meaning given by section 12 of the Fair Work Act.
modern award has the same meaning as in the Fair Work Act.
non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.
office has the meaning given by section 9.
officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).
officer and related party disclosure statement has the meaning given by subsection 293J(3).
one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.
operating report means the report prepared under section 254.
organisation means an organisation registered under this Act.
Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).
parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
peak council has the same meaning as in the Fair Work Act.
plays a significant role has the meaning given by subsection 256A(4).
postal ballot means a ballot for the purposes of which:
a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and
facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.
prescribed includes prescribed by procedural rules of the FWC made under section 609 of the Fair Work Act.
President means the President of the FWC.
proceeding means:
a proceeding in a court; or
a proceeding or hearing before, or an examination by or before, a tribunal;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.
protected industrial action has the same meaning as in the Fair Work Act.
public sector employment has the same meaning as in the Fair Work Act.
recognised State‑registered association means a State‑registered association that is recognised under Schedule 2.
registered auditor means a person who is registered as an auditor under subsection 255B(2) or (3).
registered company auditor means a person registered as an auditor under Part 9.2 of the Corporations Act 2001.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related party has the meaning given by section 9B.
relative, in relation to a person, means:
a parent, step‑parent, child, stepchild, grandparent, grandchild, brother or sister of the person; or
the spouse of the first‑mentioned person.
removed person has the meaning given by section 323MA.
remuneration:
includes pay, wages, salary, fees, allowances, leave, benefits or other entitlements; but
does not include a non‑cash benefit.
reporting guidelines mean the guidelines issued under section 255.
reporting unit has the meaning given by section 242.
serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:
materially prejudices the interests of the organisation or branch, or the members of the organisation or branch; or
materially prejudices the ability of the organisation or branch to pay its creditors; or
is serious.
spouse of a person includes a de facto partner of the person.
State award means an award, order, decision or determination of a State industrial authority.
State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.
State industrial authority means:
a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or
a special board constituted under a State Act relating to factories; or
any other State board, court, tribunal, body or official prescribed for the purposes of this definition.
State or Territory industrial law has the same meaning as in the Fair Work Act.
State‑registered association has the meaning given by clause 1 of Schedule 1.
stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
takes a reprisal has the meaning given by section 337BA.
this Act includes regulations made under this Act.
transitionally recognised association means a State‑registered association that is recognised under Schedule 1.
Vice President means a Vice President of the FWC.
vocational placement has the same meaning as in the Fair Work Act.
workplace group means a class or group of employees, all of whom perform work:
for the same employer; or
at the same premises or workplace; or
for the same employer and at the same premises or workplace.
This provision refers to the regulations (as modified by regulations
, prescribed by the regulations
, prescribed information
). Made under this Act:
- Fair Work (Registered Organisations) Regulations 2009 · under sch 1B (s 359)
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