Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_7
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 671804–674180

7         section 170KB (extended entitlement to parental leave)     (a) an employee to whom section 170KB applies;
                                                                     (b) an organisation of employees (subject to subsection (3));
                                                                     (c) an inspector

Note 1: Workplace determinations are treated for the purposes of this Act as if they were collective agreements (see section 113F). Undertakings are treated the same way (see section 103M). This means that they are covered by table item 4.

Note 2: An outworker term is a protected award condition under section 101B.

 (1A) For the purposes of table items 2, 3, 4, 6, 6A and 7 in subsection (1), a reference to an employee is a reference to an employee who is affected by the breach of the applicable provision.

 (1B) For the purposes of table items 3 and 4 in subsection (1), a reference to an employer is a reference to an employer that is affected by the breach of the applicable provision.

 (1C) For the purposes of table item 5 in subsection (1), a reference to a person bound by the order is a reference to a person bound by the order who is affected by the breach of the order.

 (2) An organisation of employees that represents an employee who is bound by an AWA must not apply on behalf of the employee for a penalty or other remedy under this Division in relation to a breach of an applicable provision of the AWA unless:
 (a) the employee has requested, in writing, the organisation to apply on the employee's behalf; and
 (b) a member of the organisation is employed by the employee's employer; and
 (c) the organisation is entitled, under its eligibility rules, to represent the industrial interests of the employee in relation to work carried on by the employee for the employer.

 (3) An organisation of employees must not apply for a penalty or other remedy under this Division in relation to a breach of an applicable provision that is:
 (a) a term of the Australian Fair Pay and Conditions Standard; or
 (b) a term of a collective agreement; or
 (c) section 170AA; or
 (ca) section 170AF; or
 (d) section 170KB;
unless:
 (e) a member of the organisation is employed by the respondent employer; and
 (f) the breach relates to, or affects, the member of the organisation or work carried on by the member for the employer.