CTHRepealedAct
Fair Work (Building Industry) Act 2012
4Definitions
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#### 4 Definitions
(1) In this Act, unless the contrary intention appears:
> AAT presidential member means a person who is a presidential member of the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.
> accreditation scheme means the accreditation scheme referred to in section 35.
> Advisory Board means the Fair Work Building Industry Inspectorate Advisory Board referred to in section 23.
> Australian Fair Pay and Conditions Standard has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> AWA has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> award has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> building association means an industrial association whose eligibility rules allow membership by at least one of the following groups:
(a) building employers;
(b) building employees;
(c) building contractors;
whether or not those rules also allow membership by other persons.
> Building Code means the code of practice referred to in section 27.
> building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person:
(a) carries out building work; or
(b) arranges for building work to be carried out.
> building employee means:
(a) a person whose employment consists of, or includes, building work; or
(b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.
> building employer means an employer who employs, or offers to employ, building employees.
> building industry participant means any of the following:
(a) a building employee;
(b) a building employer;
(c) a building contractor;
(d) a person who enters into a contract with a building contractor under which the building contractor agrees to carry out building work or to arrange for building work to be carried out;
(e) a building association;
(f) an officer, delegate or other representative of a building association;
(g) an employee of a building association.
> building matter has the meaning given by subsection 59C(3).
> building work has the meaning given by section 5.
> Commonwealth industrial instrument means any of the following:
(a) an award or transitional award;
(b) a workplace agreement;
(c) a pre‑reform certified agreement or a pre‑reform AWA;
(d) an order of the Australian Industrial Relations Commission;
(e) the Australian Fair Pay and Conditions Standard;
(f) a fair work instrument;
(g) the National Employment Standards.
> Commonwealth Ombudsman means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976.
> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.
> conduct includes an omission.
> constitutional corporation means:
(a) a corporation to which paragraph 51(xx) of the Constitution applies; or
(b) a body corporate that is incorporated in a Territory.
> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
> designated building law means:
(a) the Independent Contractors Act 2006, the FW Act or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
(b) a Commonwealth industrial instrument.
> Director means the Director of the Fair Work Building Industry Inspectorate referred to in section 9.
> eligibility rules means rules that relate to the conditions of eligibility for membership.
> examination has the meaning given by subsection 51(1).
> examination notice means an examination notice issued under Division 3 of Part 1 of Chapter 7.
> Fair Work Building Industry Inspector means:
(a) the Director; or
(b) a person appointed as a Fair Work Building Industry Inspector under section 59.
> Fair Work Inspector has the same meaning as in the FW Act.
> fair work instrument has the same meaning as in the FW Act.
> Fair Work Ombudsman has the same meaning as in the FW Act.
> Federal Circuit Court means the Federal Circuit Court of Australia.
> Federal Court means the Federal Court of Australia.
> Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 29.
> Federal Safety Officer means a Federal Safety Officer referred to in section 60.
> FW Act means the Fair Work Act 2009.
> FWC means the Fair Work Commission.
> Independent Assessor means the Independent Assessor—Special Building Industry Powers referred to in section 36B.
> independent contractor has the same meaning as in the FW Act.
> industrial association means:
(a) an association of employees or independent contractors, or both, or an association of employers, that is registered or recognised as such an association (however described) under a workplace law (within the meaning of the FW Act); or
(b) an association of employees, or independent contractors, or both, a purpose of which is the protection and promotion of their interests in matters concerning their employment, or their interests as independent contractors (as the case may be); or
(c) an association of employers a principal purpose of which is the protection and promotion of their interests in matters concerning employment, independent contractors or both;
and includes:
(d) a branch of such an association; and
(e) an organisation; and
(f) a branch of an organisation.
> inspector means a Fair Work Building Industry Inspector.
> investigation means an investigation to which Part 1 of Chapter 7 applies.
> lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.
> National Employment Standards has the same meaning as in the FW Act.
> nominated AAT presidential member means an AAT presidential member in respect of whom a nomination is in force under section 44 to issue examination notices under Division 3 of Part 1 of Chapter 7.
> occupier has the same meaning as in the FW Act.
> office, in relation to an organisation or industrial association or a branch of an organisation or industrial association, has the meaning given by section 6.
> Office means the Office of the Fair Work Building Industry Inspectorate referred to in section 26J.
> officer, in relation to an organisation or industrial association, means a person who holds an office in the organisation or association.
> organisation has the same meaning as in the Fair Work (Registered Organisations) Act 2009.
> premises has the same meaning as in the FW Act.
> pre‑reform AWA has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> pre‑reform certified agreement has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> safety net contractual entitlement has the same meaning as in the FW Act.
> Secretary means the Secretary of the Department.
> this Act includes the regulations.
> transitional award has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> workplace agreement means a workplace agreement within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, and includes an AWA.
(2) In this Act, unless the contrary intention appears:
(a) a reference to employee has its ordinary meaning; and
(b) a reference to employee with its ordinary meaning includes a reference to an individual who is usually an employee with that meaning; and
(c) a reference to employee with its ordinary meaning does not include a reference to an individual on a vocational placement; and
(d) a reference to employer has its ordinary meaning; and
(e) a reference to employer with its ordinary meaning includes a reference to a person or entity that is usually an employer with that meaning.