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s 6.07D

Definitions

In force
Chapter 6Miscellaneous
Part 6-5Miscellaneous

6.07D Definitions

In this Division:

endorsement means the Fair Work (State Declarations—employers not to be national system employers) Endorsement 2022 (No. 1).

non‑preserved FWC application means an application or referral:

(a)

made by a preserved affected person to the FWC; and

(b)

made by the preserved affected person:

(i)

in or in relation to the person’s capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; or

(ii)

in respect of another person’s capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; and

(c)

that is not a preserved FWC application.

preserved affected person means any of the following:

(a)

an employer listed in Schedule 1 to the endorsement;

(b)

an individual who, before the transition time, was employed or usually employed by, or a prospective employee of, an employer mentioned in paragraph (a);

(c)

an employer organisation of which an employer mentioned in paragraph (a) was, before the transition time, a member;

(d)

an employee organisation, a registered employee association or an industrial association that, before the transition time, represented the industrial interests of an individual mentioned in paragraph (b).

preserved FWC application means an application or referral:

(a)

made by a preserved affected person to the FWC under a provision in Part 2‑2, 3‑2, 3‑5 or 6‑2 of the Act; and

(b)

made by the preserved affected person:

(i)

in or in relation to the person’s capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; or

(ii)

in respect of another person’s capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee.

transition time means the time when the endorsement commences.

Note:

The endorsement commences on 1 January 2023.

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Fair Work Regulations 2009 s 6.07D — Definitions (Commonwealth) — Barrister AI