4Definitions

#### 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.