Document ID: chunk:federal_register_of_legislation:C2022A00085:clause:6_4
Version: federal_register_of_legislation:C2022A00085
Segment Type: clause
Provision Reference: sch 6 cl 4
Character Range: 35654–38064

4  Meaning of relevant employer
 (1) A relevant employer means:
 (a) a registered higher education provider that is an employer; or
 (b) a natural person, or a body or association (whether incorporated or not), that is an employer of 100 or more employees in Australia; or
 (c) a Commonwealth company that is an employer of 100 or more employees in Australia; or
 (d) a Commonwealth entity that is an employer of 100 or more employees in Australia.
 (2) However, a relevant employer does not include:
 (a) a State; or
 (b) a Territory; or
 (c) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory, other than a registered higher education provider; or
 (d) the holder of an office established for a public purpose by or under a law of a State or Territory; or
 (e) an incorporated company over which a State, a Territory or a body referred to in paragraph (c) is in a position to exercise control.
 (3) For the purpose of the definition of relevant employer in subsection (1):
 (a) if the relevant employer is a corporation:
 (i) a corporation employs a person where the person is employed by another corporation which is a subsidiary of the first‑mentioned corporation; and
 (ii) the question whether a corporation is a subsidiary of another corporation is to be determined as it would be determined for the purposes of the Corporations Act 2001; and
 (b) if the relevant employer is a Commonwealth company—a Commonwealth company employs a person if the person is employed by another Commonwealth company which is a subsidiary (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the first‑mentioned Commonwealth company; and
 (c) if the relevant employer is a Commonwealth entity that is a corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013)—the corporate Commonwealth entity employs a person if the person is employed by another corporate Commonwealth entity which is a subsidiary (within the meaning of that Act) of the first‑mentioned corporate Commonwealth entity.
 (4) If, at any time, an employer ceases to be a relevant employer because the number of employees of the employer falls below 100, this Act continues to apply to the employer as if the employer were a relevant employer unless and until the number of employees falls below 80.