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s 8

Who is an employee

In force
Chapter 1Preliminary
Part 2Interpretation

8 Who is an employee

(1)

An employee is an individual who is employed, or usually employed, by an employer.

(2)

Also, employee includes the following persons—

(a)

for chapter 2, part 3, divisions 9, 11 and 12, a national system employee within the meaning of the Commonwealth Fair Work Act, section 13, including a national system employee mentioned in section 30M of that Act;

(b)

for chapter 7, a worker under the Work Health and Safety Act 2011, section 7, other than a worker under the Commonwealth Fair Work Act who may apply for an order under chapter 6, part 6-4B of that Act in relation to the bullying;

(c)

a person who is a member of a class of persons declared to be employees under section 465;

(d)

for a proceeding for an offence or for payment or recovery of amounts—a former employee;

(e)

an outworker;

(f)

an apprentice;

(g)

a trainee.

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