2Interpretation

2 Interpretation

2 Interpretation

(1) In this Act, unless the context otherwise indicates or requires—

Agreement means an enterprise agreement within the meaning of the Industrial Relations Act 1996.

Award means an award within the meaning of the Industrial Relations Act 1996.

Employer means any person employing any worker or workers and includes the Crown.

Inspector means an inspector appointed under the Industrial Relations Act 1996.

Ordinary pay, in relation to any worker, means remuneration for the worker’s normal weekly number of hours of work calculated at the ordinary time rate of pay; and, where the worker is provided with board or lodging by his or her employer, includes the cash value of that board or lodging.

Week, in relation to any worker, means the worker’s ordinary working week.

Worker means person employed, whether on salary or wages or piecework rates, or as a member of a butty-gang, and the fact that a person is working under a contract for labour only, or substantially for labour only, or as lessee of any tools or other implements of production, or as an outworker, or is working as a salesperson, canvasser, collector, commercial traveller, insurance agent, or in any other capacity in which the person is paid wholly or partly by commission, shall not in itself prevent such person being held to be a worker.

(2) For the purposes of the definition of the term ordinary pay in subsection (1)—

(a) the term ordinary time rate of pay in the case of a worker who is remunerated in relation to an ordinary time rate of pay fixed by the terms of the worker’s employment means the time rate of pay so fixed for the worker’s work under the terms of the worker’s employment, including shift allowances relating to ordinary time and weekend penalties relating to ordinary time the worker would have worked on days other than public holidays if the worker had not been on annual holidays, but does not include any other amount payable to the worker in respect of shift work, overtime or penalty rates, and where two or more time rates of pay are so fixed means the higher or highest of those rates,

(a1) where a worker is remunerated otherwise than in relation to an ordinary time rate of pay so fixed, or partly in relation to an ordinary time rate of pay so fixed and partly in relation to any other manner, or where no ordinary time rate of pay is so fixed for a worker’s work under the terms of the worker’s employment, the worker’s ordinary pay shall be deemed to be the average weekly wage earned by the worker during the period actually worked by the worker during the period of twelve months immediately preceding the annual holiday or, as the case may be, during the period of employment in respect of which a right to payment under section 4 (3) or under section 4A accrues.