Document ID: chunk:federal_register_of_legislation:F2024C01158:front:0:p8
Version: federal_register_of_legislation:F2024C01158
Segment Type: other
Provision Reference: 
Character Range: 21561–24418

of the table in subsection 25‑5(5) of that Act.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in a year.
WHS entry permit has the same meaning as in the Work Health and Safety Act 2011.

Division 2—The Dictionary

1.04  Meaning of designated outworker term
  For paragraph (f) of the definition of designated outworker term in section 12 of the Act, each of the following terms is prescribed:
 (a) a term that deals with the filing of records about work to which outworker terms of a modern award apply;
 (b) a term that deals with the provision of materials;
 (c) a term that is incidental to a designated outworker term, including a term dealing with the observance of the award.

1.05  Meaning of eligible State or Territory court
  For the purposes of paragraph (d) of the definition of eligible State or Territory court in section 12 of the Act, the following courts are prescribed:
 (a) the Industrial Court of New South Wales;
 (b) the South Australian Employment Court.

1.06  Meaning of prescribed State industrial authority
  For the definition of prescribed State industrial authority in section 12 of the Act, the following State tribunals are prescribed:
 (a) the Industrial Relations Commission of New South Wales;
 (b) the Queensland Industrial Relations Commission;
 (c) the Western Australian Industrial Relations Commission;
 (d) the South Australian Employment Tribunal;
 (e) the Tasmanian Industrial Commission.

1.07  Meaning of serious misconduct
 (1) For the purposes of the definition of serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning.

Examples of serious misconduct—employees
 (2) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee:
 (a) wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
 (b) conduct that causes serious and imminent risk to:
 (i) the health or safety of a person; or
 (ii) the reputation, viability or profitability of the employer's business;
 (c) engaging in theft, fraud, assault or sexual harassment in the course of the employee's employment;
 (d) being intoxicated at work;
 (e) refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment.
 (3) Paragraphs (2)(c) to (e) do not apply if the employee is able to show that, in the circumstances, the conduct engaged in by the employee was not conduct that made employment in the period of notice unreasonable.

Examples of serious misconduct—employee‑like workers
 (4) For the purposes of subregulation (1), conduct that is serious misconduct includes the following conduct of an employee‑like worker performing digital platform work through or by means of a digital labour platform, or under