Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_2:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 2 (pt 1/2)
Character Range: 892697–895616

2  Definitions

 (1) In this Schedule:

allowable transitional award matters means the matters covered by subclause 17(1).

Note: The matters referred to in subclause 17(1) have a meaning that is affected by clause 18.

arbitration powers means the powers of the Commission in relation to arbitration.

award means an award within the meaning of subsection 4(1) of this Act as in force immediately before the reform commencement.

breach includes non‑observance.

cease dealing, in relation to an industrial dispute, means:
 (a) to dismiss the whole or a part of a matter to which the industrial dispute relates; or
 (b) to refrain from further hearing or from determining the industrial dispute or part of the industrial dispute.

committee of management, 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.

conciliation powers means the powers of the Commission in relation to conciliation.

Court means the Federal Court of Australia or the Federal Magistrates Court.

employee means an individual so far as:
 (a) he or she is employed by an excluded employer, except on a vocational placement; or
 (b) his or her usual occupation involves being employed by an excluded employer, except on a vocational placement.

employer means an excluded employer.

employment means employment of an employee within the meaning of this Schedule.

excluded employer means an employer (within the ordinary meaning of the term) so far as the definition of employer in subsection 4AB(1) does not cover the employer.

industrial action has the meaning given by clause 3.

industrial dispute means:
 (a) an industrial dispute (including a threatened, impending or probable industrial dispute):
 (i) extending beyond the limits of any one State; and
 (ii) that is about allowable transitional award matters pertaining to the relationship between transitional employers and transitional employees; or
 (b) a situation that is likely to give rise to an industrial dispute of the kind referred to in paragraph (a).

outworker means a transitional employee who, for the purposes of the business of a transitional employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.

preserved transitional award term has the meaning given by subclause 22(2).

reform commencement means the time at which this Schedule commences.

relevant Presidential Member, in relation to an industrial dispute, means the Presidential Member who has been given the responsibility by the President for organising and allocating the work of the panel to which the industry concerned has been assigned or, if the industry concerned has not been assigned to a panel, the President.

State award means an award, order, decision