Dictionary
Schedule 5 Dictionary
section 6
act, for chapter 12, part 13, see section 826.
action, for chapter 8, part 1, includes omission.
administer, for chapter 11, part 5, see section 525.
administrator, for an organisation or a branch of an organisation, means an administrator appointed for the organisation or branch under section 870.
adoption leave, for chapter 2, part 3, division 8, see section 57.
adverse action, for chapter 8, part 1, see section 282.
amalgamated organisation, for chapter 12, part 14, see section 838.
amalgamation, for chapter 12, see section 595.
amalgamation ballot, for chapter 12, part 14, see section 838.
amalgamation day, for chapter 12, part 14, see section 838.
amount in relation to employment...
apparent employer, for chapter 9, part 2, division 4, see section 381.
applicable industrial instrument, for chapter 2, see section 14.
applicant, for a relevant incorporation Act application, for chapter 11, part 8A, see section 578C(2).
applied provision, for chapter 10A, see section 406A.
applies to—
in relation to a modern award, see section 153; or
in relation to a bargaining instrument, see section 220; or
in relation to a contract instrument, for chapter 10A, see section 406H.
apprentice see the Further Education and Training Act 2014, schedule 1.
apprenticeship see the Further Education and Training Act 2014, schedule 1.
apprenticeship contract see the Further Education and Training Act 2014, schedule 1.
approved auditor, for chapter 12, see section 595.
approved form means a form approved by the rules committee or chief executive under section 989.
approved superannuation fund means a complying superannuation fund nominated in an industrial instrument.
approving authority means the chief executive (training).
arbitration determination see section 168.
association means an unincorporated entity formed or carried on to protect and promote its members’ interests.
attachment notice, for chapter 9, part 2, see section 355.
attendance notice means a notice in the approved form issued by the court, the commission, an Industrial Magistrates Court or the registrar requiring a person to attend at a stated time and place until excused, for 1 or more of the following—
to give evidence;
to produce a stated document or thing;
another purpose specified in the notice.
audit complaint report, for chapter 12, part 15, see section 866.
auditor, for chapter 12, see section 595.
audit report, for chapter 12, means a report prepared under section 768.
Australian commission means FWC.
authorised officer, for chapter 9, part 1, see section 336.
award—
generally, means—
a modern award; or
a bargaining award; or
an award continued in force under this Act; and
for chapter 4, part 5, division 3—includes a federal award.
ballot records, for chapter 12, see section 595.
bargaining award see section 166.
bargaining instrument see section 168.
birth-related leave, for chapter 2, part 3, division 8, see section 57.
board member officer means an officer of an organisation who is a board member officer under section 745(1)(c).
branch, for chapter 12, see section 595.
bullied in the workplace, for chapter 7, see section 272.
business hours of an employer means the hours of operation of the employer’s business.
calling means—
a craft, manufacture, occupation, trade, undertaking or vocation; or
a section of something mentioned in paragraph (a).
candidate, for chapter 12, part 9, see section 702.
carer’s leave, for chapter 2, part 3, division 6, subdivision 2, see section 42, 43 or 44.
casual employee, for chapter 2, part 3, division 9, subdivision 6, see section 102.
casual vacancy, for chapter 12, see section 595.
certification application, for chapter 10A, see section 406A.
certified, in relation to a document, for chapter 12, see section 595.
certified agreement see section 164.
chief executive, for schedule 4, see schedule 4, section 1.
chief executive (associations incorporation) means the chief executive of the department in which the Associations Incorporation Act 1981 is administered.
chief executive (training) means the chief executive of the department in which the Further Education and Training Act 2014 is administered.
child, for chapter 2, part 3, division 8, see section 57.
civil penalty order, for chapter 11, part 8, see section 574(2).
civil penalty provision see section 570.
civil remedy provision, for chapter 11, part 3, division 4, see section 507B.
claimant, for chapter 10, part 3, division 2, see section 403.
claim for wages means a claim—
for an employee’s wages payable under an industrial instrument or permit or under section 22; or
for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit; or
for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit; or
for amounts payable, with an employee’s written consent, from an employee’s wages; or
under chapter 9, part 2, division 2; or
for amounts payable for a tool allowance under section 137; or
for damages for contravention of an agreement made under an industrial instrument; or
for damages suffered by an employee because the employer fails to pay the employee’s wages; or
for compensation under section 121.
collective body, for chapter 12, part 13, see section 826.
collegiate electoral system, for chapter 12, part 4, see section 626.
commission—
generally—see section 429; or
for schedule 2—see schedule 2, section 1.
commissioner see section 432(1)(b).
committee meeting, for chapter 12, see section 595.
Commonwealth Fair Work Act means the Fair Work Act 2009 (Cwlth).
Commonwealth Registered Organisations Act means the Fair Work (Registered Organisations) Act 2009 (Cwlth).
complaints auditor, for chapter 12, part 15, division 2, see section 866(2).
complying superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth).
conciliating member, for chapter 4, see section 177.
constituent part, for chapter 12, part 14, see section 838.
construction means building and construction, civil and engineering construction or demolition work.
consultative committee, for chapter 17, part 1, see section 968.
continuing health employee...
continuous service, for chapter 2, part 3, division 9, see section 93.
contract, for chapter 10A, see section 406A.
contract determination, for chapter 10A, see section 406N(1)(a).
contracted work, for chapter 9, part 2, see section 355.
contract instrument, for chapter 10A, see section 406A.
convicted of a disqualifying offence, for chapter 12, part 9, see section 702.
convicted person, for chapter 12, part 9, see section 702.
corporation, for chapter 12, see section 596.
counterpart federal body, for chapter 12, see section 597.
courier service contract, for chapter 10A, see section 406D.
courier vehicle, for chapter 10A, see section 406A.
court see section 407.
covers—
in relation to a bargaining instrument, see section 221; or
in relation to a contract instrument, for chapter 10A, see section 406I.
cultural parent for chapter 2, part 3, division 8, see section 57.
cultural parent leave for chapter 2, part 3, division 8, see section 57.
cultural recognition order for chapter 2, part 3, division 8, see section 57.
decision means—
a decision of the court, the commission, a magistrate or the registrar; or
an award, declaration, determination, direction, judgment, order or ruling; or
an agreement approved, certified, or amended by the commission and an extension of the agreement; or
a bargaining award made or amended by the commission.
declared employee, for chapter 16, part 2, see section 957.
declared employer, for chapter 16, part 2, see section 957.
defect, for chapter 12, see section 595.
demarcation dispute includes—
a dispute arising between 2 or more organisations, or within an organisation, about the rights, status or functions of members of the organisations or organisation in relation to the employment of the members; and
a dispute arising between employers and employees, or between members of different organisations, about the demarcation of functions of employees or classes of employees; and
a dispute about the representation under this Act of the industrial interests of employees by an employee organisation.
demarcation dispute undertaking, for chapter 12, see section 595.
deputy president means—
a deputy president (court); or
a person appointed as a deputy president of the commission under section 441.
deputy president (court) means a person appointed as a deputy president (court) of the court under section 421.
deputy registrar see section 508(2)(b).
deregistered organisation, for chapter 12, see section 595.
deregistration, for chapter 12, see section 595.
deregistration order, for chapter 12, part 16, see section 878.
designated award, for chapter 4, see section 168.
designated officer, of a reporting unit, for chapter 12, see section 753(1).
direct voting system, for chapter 12, part 4, see section 627.
disclosure notice, for chapter 12, see section 716(2).
discrimination means discrimination that would contravene the Anti-Discrimination Act 1991.
dispute, for chapter 6, see section 260.
disqualification period, for chapter 12, part 9, see section 709(1).
disqualifying offence, for chapter 12, part 9, see section 702.
doctor’s certificate...
domestic violence has the meaning given by the Domestic and Family Violence Protection Act 2012.
dual commissioner see section 492.
elected, for chapter 12, part 9, see section 702.
election, for chapter 12, see section 595.
electoral commission, for chapter 12, see section 595.
electoral officer, for chapter 12, see section 595.
electronic document...
eligibility rules, for chapter 12, see section 595.
eligible association...
eligible employee means an employee who, under a relevant industrial instrument, is an eligible employee for entitlement to occupational superannuation benefits.
eligible for registration under chapter 12, for chapter 11, part 2, division 4, subdivision 10A, see section 483A.
eligible rollover fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth).
employee, generally, see section 8.
employee organisation means an organisation of employees.
employee with a disability means an employee who—
is qualified for a disability support pension under the Social Security Act 1991 (Cwlth), section 94 or 95; or
would be qualified for a disability support pension but for section 94(1)(e) or 95(1)(c) of that Act.
employer—
generally—see section 7; and
for chapter 4—see section 168; and
for chapter 9, part 2—see also section 355.
employer organisation means an organisation of employers.
engages in industrial activity, for chapter 8, part 1, see section 290.
equal remuneration for work of equal or comparable value means equal remuneration for male and female employees for work of equal or comparable value.
exercising, for chapter 11, part 5, see section 525.
existing organisation, for chapter 12, part 14, see section 838.
expected adoption date see section 65(2)(a).
expected placement date...
expected residence date see section 66(2)(a).
fair work claim see section 507B.
family responsibilities of an employee means the employee’s responsibilities to care for or support—
a dependent child of the employee; or
any other immediate family member who is in need of care or support.
federal agreement means—
an enterprise agreement or an individual flexibility arrangement under the Commonwealth Fair Work Act; or
an Australian workplace agreement, or a certified agreement, under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
federal award means—
a modern award under the Commonwealth Fair Work Act; or
an award under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
federal industrial authority, for chapter 16, part 2, see section 957.
federal industrial instrument means—
a fair work instrument under the Commonwealth Fair Work Act; or
an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3, part 2; or
a Division 2B State instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
federal organisation means an organisation under the Commonwealth Registered Organisations Act.
fee, for chapter 10, see section 397.
file, for chapter 12, see section 595.
final payment...
financial hardship payment, for chapter 12, see section 595.
financial records, for chapter 12, see section 595.
financial year, for chapter 12, see section 598.
finder’s fee, for chapter 10, see section 397.
fixed rate, for chapter 9, part 2, division 3, see section 370.
full bench see section 432(2).
full pay means payment in full for the time an employee is absent from work.
FWC means the Fair Work Commission under the Commonwealth Fair Work Act.
general meeting, for chapter 12, see section 595.
general purpose financial report, for chapter 12, see section 595.
group of employees, for chapter 4, see section 168.
group training organisation see the Further Education and Training Act 2014, schedule 1.
health employee...
health employer...
health practitioner means a person registered to practise a health profession, other than as a student, under the Health Practitioner Regulation National Law.
health practitioner’s certificate means a certificate signed by a health practitioner.
health service employee, for schedule 4, see schedule 4, section 1.
health service employer, for schedule 4, see schedule 4, section 1.
highest paid officer means an officer of an organisation who is 1 of the organisation’s highest paid officers under section 745(1)(a) or (b).
host employer means a person who contracts with a group training organisation for the training of apprentices and trainees.
identity card, for chapter 13, see section 898.
immediate family includes—
the employee’s spouse; and
a child, ex-nuptial child, stepchild, adopted child, foster child, ex-foster child, parent, grandparent, grandchild or sibling of the employee or employee’s spouse.
incorporated association means an incorporated association under the Associations Incorporation Act 1981.
independent courier, for chapter 10A, see section 406B.
industrial action means a lockout or strike.
industrial association...
industrial authority means a commission, court, board, tribunal or other entity having authority under the law of the Commonwealth or another State to exercise powers of conciliation, determination or arbitration for industrial matters or industrial disputes.
industrial cause includes—
an industrial matter; and
an industrial dispute; and
a work-related matter under the Anti-Discrimination Act 1991; and
another matter within the jurisdiction of the commission.
industrial commissioner means a person appointed as an industrial commissioner under section 442.
industrial conduct ground, for chapter 12, part 16, see section 877.
industrial dispute means—
a dispute, including a threatened or probable dispute, about an industrial matter; or
a situation that is likely to give rise to a dispute about an industrial matter.
industrial instrument means—
an award; or
a certified agreement; or
an arbitration determination; or
a code of practice under section 389; or
an order under chapter 2, part 5 or 6.
industrial instrument employee for chapter 9, part 1, see section 336.
industrial law means—
this Act; or
another Act regulating the relationships between employers and employees.
industrial matter see section 9.
industrial organisation means any of the following—
an employee organisation;
an association of employees that is eligible for registration under chapter 12 within the meaning of section 483A(1);
an employer organisation;
an association of employers that is eligible for registration under chapter 12 within the meaning of section 483A(2);
a branch of an organisation or association mentioned in paragraph (a), (b), (c) or (d).
industrial relations commission means the Queensland Industrial Relations Commission established under section 429.
industrial tribunal, for chapter 11, part 5, division 5A, for an unpaid amount claim, see section 547B.
industrial tribunal, for chapter 11, part 6, division 5, see section 563.
inspector means a person, including the chief inspector, who holds an appointment as an inspector under section 899.
intended cultural parent for chapter 2, part 3, division 8, see section 57.
intended parent, for chapter 2, part 3, division 8, see section 57.
invalidity, for chapter 12, part 13, see section 826.
investigation report, for chapter 12, part 15, see section 865.
invited representative, for chapter 17, part 1, see section 974.
irregularity, for chapter 12, see section 595.
joint session means proceedings in which a member sits with a member of an industrial authority.
labour market program means a labour market program approved by the Minister.
late term pregnancy leave, for chapter 2, part 3, division 8, see section 85AA(1).
LGAQ Ltd., for chapter 17, part 1 means the LGAQ Ltd. under the Local Government Act 2009, section 287(2).
loans, grants and donations register, for chapter 12, part 11, see section 731.
lockout means an employer’s action in closing a workplace, or suspending or discontinuing the employer’s business, or any branch of it, or an employer’s failure to continue to employ a number of employees, with intent—
to compel or induce employees to agree to employment conditions or to comply with demands made on them by the employer, or another employer, contrary to this Act; or
to cause loss or inconvenience to employees; or
to incite, instigate, aid, abet or procure another lockout; or
to help another employer to compel or induce employees to agree to employment conditions or comply with demands made by the other employer.
long adoption leave, for chapter 2, part 3, division 8, see section 57.
long birth-related leave, for chapter 2, part 3, division 8, see section 57.
long cultural parent leave for chapter 2, part 3, division 8, see section 57.
long parental leave, for chapter 2, part 3, division 8, see section 57.
long surrogacy leave, for chapter 2, part 3, division 8, see section 57.
long term casual employee, for chapter 2, see section 15.
magistrate see section 505.
management committee, for chapter 12, see section 595.
manager, for chapter 10, see section 399.
maternity leave...
maximum period of parental leave, for chapter 2, part 3, see section 62.
meat works means a place where livestock are slaughtered or meat is boned.
member—
of the court means the president, the vice-president or a deputy president (court); or
of the commission means a commissioner.
member employee, for chapter 9, part 1, division 5, subdivision 2, see section 349.
members, for chapter 12, part 16, see section 877.
membership subscription, for chapter 12, see section 595.
member’s liability, for chapter 12, part 10, division 5, see section 728.
members register, for chapter 12, see section 595.
mine, for chapter 9, part 2, division 1, see section 355.
misconduct, of an officer of an organisation or a branch of an organisation, means—
conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth; or
gross misbehaviour or gross neglect of duty in the office.
model, for chapter 10, see section 397.
model election rules, for chapter 12, see section 595.
modern award means—
an award made under chapter 3; or
an award taken to have been made under section 229.
mortgagee, for chapter 9, part 2, division 1, see section 355.
mortgagor, for chapter 9, part 2, division 1, see section 355.
multi-employer, for chapter 4, see section 168.
multi-employer agreement, for chapter 4, see section 168.
national fair work legislation, for chapter 16, part 2, see section 957.
negotiated agreement, for chapter 10A, see section 406V(1).
negotiating party—
for chapter 4, see section 168; or
in relation to negotiations under chapter 10A, part 4 with a view to a negotiated agreement being made, for chapter 10A, see section 406A.
new business means the ongoing operation, once established, of a single business the employer—
proposes to establish at a new workplace; or
is establishing at a new workplace; or
is relocating to a new workplace;
but does not include the construction of the new workplace.
newly registered organisation, for chapter 12, part 14, see section 838.
new State instrument, for chapter 16, part 2, see section 957.
non-industrial instrument employee, for chapter 9, part 1, see section 336.
notice of intention, for chapter 4, see section 169.
objection ground, for a relevant incorporation Act application, for chapter 11, part 8A, see section 578D.
obstruct includes assault, hinder, intimidate, resist and threaten to obstruct.
occupier, for chapter 13, see section 898.
office, for chapter 12, see section 599.
officer, for chapter 12, see section 595.
officers register, for chapter 12, see section 595.
old federal instrument, for chapter 16, part 2, see section 957.
ordinary election, for chapter 12, see section 595.
ordinary hours of work for chapter 2, see section 14.
ordinary rate, for an employee under an industrial instrument, federal award or federal agreement, means—
for sections 35(2)(a) and 98(1)(b), if the employee is a public service employee—the rate the instrument, award or agreement states is payable for ordinary time in relation to the employee’s substantive position; or
otherwise—the rate the instrument, award or agreement states is payable for ordinary time.
ordinary working day, for chapter 2, part 3, division 10, see section 115.
organisation means a body registered under chapter 12 as an organisation.
outworker means a person engaged, for someone else’s calling or business, in or about a private residence or other premises that are not necessarily business or commercial premises, to—
pack, process, or work on articles or material; or
carry out clerical work.
owner, for chapter 2, part 3, division 9, see section 93.
parental leave, for chapter 2, part 3, division 8, see section 57.
part 5 application, for chapter 4, see section 168.
party—
in relation to a bargaining instrument or proposed bargaining instrument, for chapter 4, see section 168; or
to an industrial dispute, means any of the parties between which the industrial dispute exists.
party...
pay an employee includes pay, with the employee’s written consent, on account of the employee.
peace obligation period, for chapter 4, see section 174(2).
pensions Act means the Judges (Pensions and Long Leave) Act 1957.
performer, for chapter 10, see section 397.
period between seasons, for chapter 2, part 3, division 9, see section 93.
permit means—
a students permit; or
an aged or infirm persons permit.
pieceworker means a person employed in a calling on piecework rates.
place—
generally, means—
any land, building, structure, vehicle, vessel or aircraft; or
any part of a thing mentioned in subparagraph (i); and
for chapter 13—see section 898.
postal ballot, for chapter 12, see section 595.
premises, for chapter 13, see section 898.
prescribed Service, for schedule 4, see schedule 4, section 1.
president, for chapter 12, see section 595.
presidential member means the president, the vice president or a deputy president.
prime contractor, for chapter 9, part 2, see section 355.
principal contractor, for chapter 10A, see section 406C.
private employment agent, for chapter 10, see section 398.
probationary period, for chapter 2, part 5, see the Further Education and Training Act 2014, schedule 1.
proceeding, for schedule 2, see schedule 2, section 1.
process or proceedings under an industrial law or industrial instrument, for chapter 8, part 1, see section 283.
project, for chapter 4, see section 168.
project agreement, for chapter 4, see section 168.
promotion decision see the Public Sector Act 2022, section 129.
proposed amalgamated organisation, for chapter 12, part 14, see section 838.
proposed bargaining instrument, for chapter 4, see section 168.
proposed deregistering organisation, for chapter 12, part 14, see section 838.
proposed negotiated agreement, for chapter 10A, see section 406A.
protected industrial action, for chapter 4, part 8, see section 233(1).
public holiday means—
the following days—
• New Year’s Day (1 January)
• Australia Day (26 January)
• Good Friday
• Easter Saturday (the day after Good Friday)
• Easter Sunday (the Sunday after Good Friday)
• Easter Monday (the Monday after Good Friday)
• Anzac Day (25 April)
• Labour Day (the first Monday in May)
• Birthday of the Sovereign (the first Monday in October)
• Christmas Day (25 December)
• Boxing Day (26 December)
• another day appointed as a public holiday under the Holidays Act 1983, sections 2 and 11 to 15; or
a day appointed under the Holidays Act 1983 to be a substitute holiday for a day mentioned in paragraph (a); or
a show holiday; or
for working out a person’s entitlements under this Act or an industrial instrument—the part-day that is a public holiday under the Holidays Act 1983, section 2(3).
public place, for chapter 13, see section 898.
Public Sector Commissioner means the Public Sector Commissioner appointed under the Public Sector Act 2022, section 212(1).
public service appeal means an appeal against a decision under the Public Sector Act 2022, chapter 3, part 10.
publish, for chapter 10, see section 397.
published, in relation to the QIRC website, means published as provided under section 524.
QIRC website see section 523.
Queensland Employment Standards see section 21(3).
Queensland Health...
Queensland Human Rights Commission means the Queensland Human Rights Commission established under the Anti-Discrimination Act 1991.
Queensland minimum wage means the wage declared by the full bench under section 458 to be the Queensland minimum wage.
Queensland referral Act, for chapter 1, part 3, see section 11.
rate, for chapter 9, part 2, division 3, see section 370.
record means any document containing data.
reduced wages means—
for a person to whom an industrial instrument or permit applies—wages at a rate less than that provided for under the industrial instrument or permit; or
for a person to whom section 22 applies—wages at a rate less than the Queensland minimum wage.
redundancy pay see section 126(1).
referral agreement see section 470(1)(b).
referred claim, for chapter 9, part 2, division 4, see section 381.
referred employer, for chapter 9, part 2, division 4, see section 381.
register, for chapter 12, see section 595.
registered employee organisation...
registrar see section 508(2)(a).
registrar’s auditor, for chapter 12, part 11, see section 799.
registration, for chapter 12, see section 595.
registry see section 508(1).
regular part-time employee means an employee who—
works less than full-time ordinary working hours; and
has reasonably predictable hours of work; and
is entitled to receive, on a proportionate basis, equivalent wages and employment conditions to those specified in an industrial instrument for full-time employees who do the same type of work.
relevant award, for chapter 4, see section 168.
relevant contract determination, in relation to a proposed negotiated agreement, for chapter 10A, see section 406ZD(2).
relevant day, for chapter 16, part 2, see section 957.
relevant employee, for chapter 4, see section 168.
relevant employee organisation—
for chapter 4, see section 168; or
for chapter 10A, see section 406A.
relevant incorporation Act application, for chapter 11, part 8A, see section 578C(1).
relevant industrial instrument, for chapter 2, see section 14.
relevant industrial tribunal, for chapter 11, part 8, see section 570.
relevant instrument, for chapter 3, part 6, see section 158.
relevant member, for chapter 11, part 1, division 1, see section 584.
remuneration for a provision relating to work of equal or comparable value, includes—
the wage or salary payable to an employee; and
amounts payable or other benefits made available to an employee under a contract of employment.
remuneration register, for chapter 12, part 11, see section 731.
repealed Act means the repealed Industrial Relations Act 1999.
reporting unit, for chapter 12, see section 595.
reporting unit’s organisation, for chapter 12, see section 595.
required number, for chapter 12, see section 595.
right to represent...
rules application, for chapter 12, see section 646.
rules committee means the rules committee established under section 550.
school-based apprentice or trainee means an apprentice or trainee who—
is a student studying at a secondary school or tertiary institution; and
has entered into an arrangement about the apprenticeship or traineeship with the school or institution and the employer.
scope order—
for chapter 4, see section 184(1); or
for chapter 10A, see section 406ZB(1).
season, for chapter 2, part 3, division 9, see section 93.
seasonal employment means employment related to a season.
secretary, for chapter 12, see section 595.
service, for chapter 2, part 4, see section 130.
sex or gender-based harassment means the harassment of a person (the harassed person), on the basis of the harassed person’s sex or gender, by another person who—
engages in unwelcome conduct of a demeaning nature in relation to the harassed person on the basis of—
the harassed person’s sex or gender; or
a characteristic a person of the harassed person’s sex or gender generally has; or
a characteristic often imputed to a person of the harassed person’s sex or gender; or
a sex or gender the harassed person is presumed to have, or to have had at any time, by the person engaging in the conduct; or
a sex or gender the harassed person has had, even if the harassed person did not have that sex or gender at the time of the conduct; and
engages in the conduct—
with the intention of offending, humiliating or intimidating the harassed person; or
in circumstances in which a reasonable person would have anticipated the possibility that the harassed person would be offended, humiliated or intimidated by the conduct.
sexual harassment means sexual harassment that would contravene the Anti-Discrimination Act 1991 or the Sex Discrimination Act 1984 (Cwlth).
short adoption leave, for chapter 2, part 3, division 8, see section 57.
short birth-related leave, for chapter 2, part 3, division 8, see section 57.
short cultural parent leave for chapter 2, part 3, division 8, see section 57.
short parental leave, for chapter 2, part 3, division 8, see section 57.
short surrogacy leave, for chapter 2, part 3, division 8, see section 57.
short term casual employee, for chapter 2, see section 14.
show cause notice, for chapter 6, see section 265(7).
show holiday, for chapter 2, part 3, division 10, see section 115.
small organisation, for chapter 12, part 16, see section 877.
special maternity leave...
special pregnancy-related leave, for chapter 2, part 3, division 8, see section 85.
spouse, of an employee, includes a former spouse of the employee.
State peak council means an association that is effectively representative of a significant number of organisations that represent employers or employees in a range of callings.
stillborn child, for chapter 2, part 3, division 8, see section 57.
strike—
1 Strike means the conduct of 2 or more employees employed or formerly employed by an employer, if—
the conduct is any of the following—
a wilful failure to perform work required under the employees’ contracts of employment;
the performance of work by the employees in a way that it is not customarily performed;
the adoption of a practice or strategy by the employees resulting in a restriction, limitation or delay in the performance of work or a restriction or limitation of the product of work;
a ban, restriction or limitation on the performance of work or accepting or offering work;
a wilful failure of the employees to attend work that is not allowed by the employer;
a wilful failure of the employees to perform work in a way that is not allowed by the employer; and
the conduct occurs because of a combination, agreement or understanding, express or implied, entered into by the employees for any of the following purposes—
to compel or induce an employer to agree to employment conditions;
to compel or induce an employer to employ or stop employing a person or class of persons;
to compel or induce an employer to comply with demands made by the employees or any other employee;
to help employees in the employment of another employer to compel or induce the other employer in a way mentioned in subparagraph (i), (ii) or (iii);
to cause loss or inconvenience to an employer in the conduct of business;
to incite, instigate, aid, abet or procure another strike.
2 Also, strike includes conduct capable of constituting a strike under paragraph (a) even though the conduct relates to only part of the functions the employees must perform in their employment.
3 However, strike does not include action by an employee if—
the action was based on a reasonable concern by the employee about an imminent risk to the employee’s health or safety; and
the employee did not unreasonably contravene a direction of the employee’s employer to perform other available work at the employee’s workplace, or another workplace, that was safe and appropriate for the employee to perform.
subcontractor, for chapter 9, part 2, see section 355.
successor includes assignee and transmittee.
superannuation contributions for chapter 9, part 2, division 4, see section 381.
surrogacy arrangement, for chapter 2, part 3, division 8, see section 57.
surrogacy leave, for chapter 2, part 3, division 8, see section 57.
surrogate child, for chapter 2, part 3, division 8, see section 57.
take, for chapter 11, part 5, see section 525.
terms, for chapter 16, part 2, see section 957.
time and wages record—
for chapter 9, part 1, see section 336; or
for chapter 9, part 1, division 5, subdivision 2, see section 349.
trainee see the Further Education and Training Act 2014, schedule 1.
traineeship see the Further Education and Training Act 2014, schedule 1.
traineeship contract see the Further Education and Training Act 2014, schedule 1.
training contract means—
for an apprentice—an apprenticeship contract; or
for a trainee—a traineeship contract.
transfer of a calling includes the transmission, assurance, conveyance, assignment or succession of the calling—
either by—
operation of law; or
agreement, including an agreement effected by a third person; and
either before or after the commencement of this Act.
transferred employee, for chapter 2, part 4, see section 132(1).
unfair contract, for chapter 10A, see section 406ZU.
unfairly terminated, for a courier service contract, for chapter 10A, see section 406ZX.
unpaid amount claim see section 547B.
unpaid wages claim, for chapter 9, part 2, division 4, see section 381.
untaken leave...
valid majority means—
generally—a majority of the relevant employees who cast a valid vote to give an approval, after the employer has given the employees a reasonable opportunity to decide whether they want to give the approval; or
for chapter 10A, see section 406A.
vice-president means the person appointed as the vice-president of the court under section 418.
violent offence, for chapter 12, part 9, see section 702.
wage rate includes pay rate and prices for work.
wage-related information, for chapter 5, see section 246.
wages means—
an amount payable to an employee for—
work performed, or to be performed, by the employee; or
a public holiday; or
leave the employee is entitled to; or
termination of employment; or
a salary; or
an amount payable from wages for the employee, with the employee’s written consent.
weeks pay means the ordinary rate for the relevant employee for a week, but does not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments.
withdrawal, for chapter 12, see section 595.
withdrawal ballot, for chapter 12, part 14, see section 838.
withdrawal day, for chapter 12, part 14, see section 838.
working day means a day on which employees normally perform work.
work seeker, for chapter 10, see section 400(1) or (2).
workplace right, for chapter 8, part 11, see section 284.
young employee means a person under 21 years engaged in a calling (other than an apprentice or a person subject to the Further Education and Training Act 2014) who receives a lower wage rate than that fixed by an industrial instrument for employees 21 years or over in the calling.
This Act’s bill:Explanatory memorandumSecond reading speech
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