Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_18
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 18
Character Range: 916969–919665

18  Matters that are not allowable transitional award matters

 (1) For the purposes of subclause 17(1), matters that are not allowable transitional award matters within the meaning of that subclause include, but are not limited to, the following:
 (a) rights of an organisation to participate in, or represent a transitional employer or transitional employee in, the whole or part of a dispute settling procedure, unless the organisation is the representative of the employer's or employee's choice;
 (b) conversion from casual employment to another type of employment;
 (c) the number or proportion of transitional employees that a transitional employer may employ in a particular type of employment or in a particular classification;
 (d) prohibitions (whether direct or indirect) on a transitional employer employing transitional employees in a particular type of employment or in a particular classification;
 (e) the maximum or minimum hours of work for regular part‑time transitional employees;
 (f) restrictions on the range or duration of training arrangements;
 (g) restrictions on the engagement of independent contractors and requirements relating to the conditions of their engagement;
 (h) restrictions on the engagement of labour hire workers, and requirements relating to the conditions of their engagement, imposed on an entity or person for whom the labour hire worker performs work under a contract with a labour hire agency;
 (i) union picnic days;
 (j) tallies in the meat industry;
 (k) dispute resolution training leave;
 (l) trade union training leave.

 (2) Paragraph (1)(e) does not prevent any of the following being included in a transitional award:
 (a) terms setting a minimum number of consecutive hours that a transitional employer may require a regular part‑time transitional employee to work;
 (b) terms facilitating a regular pattern in the hours worked by regular part‑time transitional employees.

 (2A) Paragraph (1)(g) does not limit the operation of paragraph 17(1)(q).

 (3) In this clause:

labour hire agency means an entity or a person who conducts a business that includes the employment or engagement of workers for the purpose of supplying those workers to another entity or person under a contract with that other entity or person.

labour hire worker means a person:
 (a) who:
 (i) is employed by a labour hire agency; or
 (ii) is engaged by a labour hire agency as an independent contractor; and
 (b) who performs work for another entity or person under a contract between that entity or person and the labour hire agency.

Note: In this Schedule, references to independent contractors are not confined to natural persons (see subclause 2(5)).