Definitions
1.03 Definitions
In these Regulations:
Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
amount of payments, for a retention or redeployment period, means an amount:
for the performance of work during the retention or redeployment period; or
as payment in lieu of the completion of the retention or redeployment period because the employee’s employment is terminated due to redundancy by the employer during the retention or redeployment period; or
a combination of the amounts mentioned in paragraphs (a) and (b).
retention or redeployment period has the meaning given by modified item 5 of Schedule 4 to the Act, see item 1.1 of Schedule 1.
AWA has the meaning given by subclause 1(1) of Schedule 7A to the WR Act.
civil remedy provision has the meaning given by section 12 of the FW Act.
compliance powers has the meaning given by section 12 of the FW Act.
eligible State or Territory court has the meaning given by section 12 of the FW Act.
fairness test means the test described in Division 5A of Part 8 of the WR Act as in force immediately before the commencement of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008.
Fair Work Ombudsman means the Fair Work Ombudsman mentioned in Part 5‑2 of the FW Act.
FW Regulations means the Fair Work Regulations 2009.
national system employee has the meaning given by sections 13 and 30C of the FW Act.
national system employer has the meaning given by sections 14 and 30D of the FW Act.
NES amount means the amount an employee is entitled to be paid by the employee’s employer as redundancy pay under section 119 of the FW Act.
Section 119 of the FW Act sets out a minimum entitlement to redundancy pay for employees covered by the FW Act.
pre‑transition collective agreement has the meaning given by clause 1 of Schedule 7B to the WR Act.
public sector employee means an employee employed in public sector employment.
public sector employment has the meaning given by subsections 795(4) and (5) of the FW Act, if subregulation 6.08(5) of the FW Regulations did not exist.
redundancy pay application means an application by an employer to have an obligation to pay an amount of redundancy pay for an employee varied or set aside because:
the employer has obtained acceptable alternative employment for the employee; or
the employer cannot pay the amount.
relevant enterprise agreement means an enterprise agreement that:
applies to a public sector employee; and
is made before 1 January 2010; and
includes provisions about the reduction of the public sector employee’s retention or redeployment period by an amount that would be equivalent to the employee’s entitlements to redundancy pay under section 119 of the FW Act.
For the definition of enterprise agreement see section 12 of the FW Act.
Section 119 of the FW Act sets out a minimum entitlement to redundancy pay for employees covered by the FW Act.
transitional civil remedy provision means a civil remedy provision mentioned in subregulation 5.06(2).
union collective agreement has the meaning given by section 4 of the WR Act.
Workplace Authority Director has the meaning given by section 4 of the WR Act.
Workplace Ombudsman has the meaning given by section 4 of the WR Act.
WR Regulations means the Workplace Relations Regulations 2006.
In these Regulations, a provision of the Act modified in accordance with regulation 5.12 is referred to as modified.
Item 5 of Schedule 4 to the Act is modified by item 1.1 of Schedule 1 and is referred to in these regulations as modified item 5.
Several words and expressions used in these Regulations have the meaning given by item 2 of Schedule 2 to the Act. For example:
• bridging period
• continuing Schedule 6 instrument
• FW Act
• FW (safety net provisions) commencement day
• transitional APCS
• transitional instrument
• WR Act
• WR Act repeal day.
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