Commonwealth Consolidated Acts

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BUILDING INDUSTRY ACT 1985 - SECT 3

Interpretation

(1)
In this Act, unless the contrary intention appears:

"award" means an award made under the Conciliation and Arbitration Act, an order made by the Commission under that Act, an industrial agreement made pursuant to that Act or a memorandum certified in accordance with section 28 of that Act.

"branch", in relation to an organization, includes any part of the organization established under the rules of the organization.

"Commission" means the Australian Conciliation and Arbitration Commission.

"Conciliation and Arbitration Act" means the Conciliation and Arbitration Act 1904 .

"Federation":

(a)
subject to the following paragraphs, means the organization registered under the Conciliation and Arbitration Act by the name ` The Australian Building Construction Employees' and Builders Labourers' Federation ' or, if the name of that organization is changed, that organization under the new name;
(b)
if the registration of the organization referred to in paragraph (a) is cancelled under section 5, means, in relation to a time after the cancellation:
(i)
the association that was registered as that organization; or
(ii)
if the name of that association is changed or all or a substantial number of the members of that association form a new association in or in connection with the industry or a part of the industry in or in connection with which that association was formed—that association under the new name or the new association, as the case may be; or
(c)
if the registration of the organization referred to in paragraph (a) is cancelled as mentioned in paragraph (b) and the association that constitutes the Federation by virtue of paragraph (b) becomes registered, by whatever name, as an organization under section 132 of the Conciliation and Arbitration Act, means, in relation to a time after the registration of that association under that section, that association as so registered.
"Full Bench" means a Full Bench of the Commission constituted in accordance with section 17 of the Conciliation and Arbitration Act.

"industrial action" means:

(a)
the performance of work (being work the terms and conditions of which are prescribed, wholly or partly, by an award) in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to such work, where the performance of the work in that manner or the adoption of that practice results in a restriction or limitation on, or a delay in, the performance of the work;
(b)
a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work, in accordance with the terms and conditions prescribed by an award;
(c)
a failure or refusal by persons to attend for work or a failure or refusal to perform any work at all by persons who attend for work; or
(d)
action that hinders or prevents a person from performing work;

but does not include the performance of work in a manner, the adoption of a practice, a ban, limitation or restriction, a failure or refusal, or action, that is authorised by the employer of the persons concerned.

"organization" means an organization registered under the Conciliation and Arbitration Act.

"Registrar" means the Industrial Registrar or a Deputy Industrial Registrar appointed under the Conciliation and Arbitration Act.

"undertaking" includes any promise, commitment, pledge or other assurance and also includes a statement of intention or policy.

(2)
Conduct is capable of constituting industrial action notwithstanding that the conduct concerned relates to part only of the duties that persons are required to perform in the course of their employment.

(3)
A reference in this Act to industrial action shall be read as including a reference to a course of conduct consisting of a series of industrial actions.


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