Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"AEC" means the Australian Electoral Commission.
Note: Section 11 is also relevant to this definition.
(a) in relation to a modern award, has the same meaning as in section 47 of the Fair Work Act; and
(b) in relation to an enterprise agreement, has the same meaning as in section 52 of the Fair Work Act.
"approved auditor" has the meaning given by the regulations.
"auditor" , in relation to a reporting unit, means:
(a) the person who is the holder of the position of auditor of the reporting unit under section 256; or
(b) where a firm is the holder of the position--each person who is, from time to time, a member of the firm and is an approved auditor.
"Australian Accounting Standards" means the accounting standards:
(a) issued by the Australian Accounting Standards Board; or
(b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;
as in force, or applicable, from time to time, as modified by regulations made for the purpose of this definition.
"Australian Auditing Standards" means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.
"Australian Building and Construction Commissioner" has the same meaning as in the Building and Construction Industry Improvement Act 2005 .
"Australian Building and Construction Inspector" has the same meaning as in the Building and Construction Industry Improvement Act 2005 .
"breach " includes non-observance.
"civil penalty provision" has the meaning given by subsection 305(2).
(a) in relation to an organisation--the committee of management or a conference, council, committee, panel or other body of or within the organisation; and
(b) in relation to a branch of an organisation--the committee of management or a conference, council, committee, panel or other body of or within the branch.
"collegiate electoral system" , in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:
(a) persons elected at the last preceding stage; or
(b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.
(a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and
(b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.
"Commonwealth authority" means:
(a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or
(b) a body corporate:
(i) incorporated under a law of the Commonwealth or a State or Territory; and
(ii) in which the Commonwealth has a controlling interest.
"conduct" includes being (whether directly or indirectly) a party to, or concerned in, the conduct.
"constitutional corporation" means:
(a) a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
(b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or
(c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or
(d) a body corporate that is incorporated in a Territory; or
(e) a Commonwealth authority.
(a) in relation to a modern award, has the same meaning as in section 48 of the Fair Work Act; and
(b) in relation to an enterprise agreement, has the same meaning as in section 53 of the Fair Work Act.
"declaration envelope" means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.
"demarcation dispute " includes:
(a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or
(b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or
(c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.
"Deputy President" means a Deputy President of FWA.
"direct voting system" , in relation to an election for an office in an organisation, means a method of election at which:
(a) all financial members; or
(b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;
are, subject to reasonable provisions in relation to enrolment, eligible to vote.
"Electoral Commissioner" has the same meaning as in the Commonwealth Electoral Act 1918 .
"electoral official " means an Australian Electoral Officer or a member of the staff of the AEC.
"eligibility rules" , in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.
"employee" has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.
"employer" has its ordinary meaning, and includes:
(a) a person who is usually such an employer; and
(b) an unincorporated club.
"employing authority" , in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.
(a) a business that is carried on by a single employer; or
(b) a business that is carried on by related bodies corporate, at least one of which is an employer; or
(c) an operationally distinct part of a business mentioned in paragraph (a) or (b); or
(d) a grouping of 2 or more operationally distinct parts of a business mentioned in paragraph (a) or (b).
Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001 .
"enterprise agreement" has the same meaning as in the Fair Work Act.
"enterprise association" has the meaning given by subsection 18C(1).
"excluded auditor" , in relation to a reporting unit, means:
(a) an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or
(b) a partner, employer or employee of an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or
(c) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or
(d) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part.
For the purposes of this definition, employee has the same meaning as in Part 3 of Chapter 8.
"exempt public sector superannuation scheme" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"Fair Work Act" means the Fair Work Act 2009 and includes regulations made under that Act.
"federal counterpart" has the meaning given by section 9A.
"Federal Court" means the Federal Court of Australia.
(a) in relation to an association of employers--has the meaning given by section 18A; and
(b) in relation to an association of employees--has the meaning given by section 18B; and
(c) in relation to an enterprise association--has the meaning given by section 18C.
"federal system employee" means:
(a) a national system employee within the meaning of section 13 of the Fair Work Act; or
(c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).
"federal system employer" means a national system employer within the meaning of section 14 of the Fair Work Act.
"financial records" includes the following to the extent that they relate to finances or financial administration:
(a) a register;
(b) any other record of information;
(c) financial reports or financial records, however compiled, recorded or stored;
(d) a document.
"financial year" , in relation to an organisation, means:
(a) the period of 12 months commencing on 1 July in any year; or
(b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation--the other period of 12 months.
Note: Section 240 provides for a different financial year in special circumstances.
"Full Bench" has the same meaning as in the Fair Work Act.
"FWA" means the body established by section 575 of the Fair Work Act.
"FWA Member" has the same meaning as in the Fair Work Act, but does not include a Minimum Wage Panel Member (within the meaning of that Act).
"General Manager" means the General Manager of FWA.
"general purpose financial report" means the report prepared in accordance with section 253.
"independent contractor" is confined to a natural person.
"industrial action" has the same meaning as in the Fair Work Act.
"irregularity" , in relation to an election or ballot, includes:
(a) a breach of the rules of an organisation or branch of an organisation; and
(b) an act or omission by means of which:
(i) the full and free recording of votes by all persons entitled to record votes and by no other persons; or
(ii) a correct ascertainment or declaration of the results of the voting;
is, or is attempted to be, prevented or hindered; and
(c) a contravention of section 190.
"modern award" has the same meaning as in the Fair Work Act.
"office" has the meaning given by section 9.
"officer" , in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).
"one-tier collegiate electoral system " means a collegiate electoral system comprising only one stage after the first stage.
"operating report" means the report prepared under section 254.
"organisation" means an organisation registered under this Act.
Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 ).
"peak council" has the same meaning as in the Fair Work Act.
"postal ballot" means a ballot for the purposes of which:
(a) a ballot paper , a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and
(b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.
"prescribed" includes prescribed by procedural rules of FWA made under section 609 of the Fair Work Act.
"President " means the President of FWA.
"protected industrial action" has the same meaning as in the Fair Work Act.
"public sector employment" has the same meaning as in the Fair Work Act.
"recognised State-registered association" means a State-registered association that is recognised under Schedule 2.
"reporting guidelines" mean the guidelines issued under section 255.
"reporting unit" has the meaning given by section 242.
"State award" means an award, order, decision or determination of a State industrial authority.
"State demarcation order" means a State award, to the extent that it relates to the rights of a State-registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.
"State industrial authority" means:
(a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or
(b) a special board constituted under a State Act relating to factories; or
(c) any other State board, court, tribunal, body or official prescribed for the purposes of this definition.
"State or Territory industrial law" has the same meaning as in the Fair Work Act.
"State-registered association" has the meaning given by clause 1 of Schedule 1.
"superannuation entity" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"this Act" includes regulations made under this Act.
"transitionally recognised association" means a State-registered association that is recognised under Schedule 1.
"vocational placement" has the same meaning as in the Fair Work Act.
"workplace group" means a class or group of employees, all of whom perform work:
(a) for the same employer; or
(b) at the same premises or workplace; or
(c) for the same employer and at the same premises or workplace.
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