NSWIn ForceAct
Industrial Relations Act 1996
364Definitions
Start here
Get a plain-English read of 364
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 1996.
#### 364 Definitions
364 Definitions
> > (1) In this Part—
> >
> > amount payable under an industrial instrument, includes—
> >
> > > (a) remuneration payable to an employee for work done where the industrial instrument fixes the rate or amount of the remuneration, or
> >
> > > (b) commission or other amount payable to a person in the circumstances specified in the industrial instrument (other than remuneration for work done), or
> >
> > > (c) an amount for which an employee is required under the industrial instrument to be re-imbursed or compensated for an expense incurred or loss sustained by the employee.
> >
> > industrial court means—
> >
> > > (a) the Commission in Court Session, or
> >
> > > (b) in the case of proceedings under section 380 (Small claims during other Commission proceedings)—the Commission, whether or not in Court Session, or
> >
> > > (c) the Local Court constituted specially for the purposes of this Part by an Industrial Local Court Judge sitting alone.
>
> > (2) In this Part, a reference to an industrial instrument and to an amount payable under the industrial instrument includes a reference to—
> >
> > > (a) a permit under section 125 and the amount that may be paid to the employee in accordance with the permit, and
> >
> > > (b) section 13 of the [Annual Holidays Act 1944](/view/html/inforce/current/act-1944-031), section 12 of the [Long Service Leave Act 1955](/view/html/inforce/current/act-1955-038) and section 12 of the [Long Service Leave (Metalliferous Mining Industry) Act 1963](/view/html/inforce/current/act-1963-048) and an amount payable to the employee under any such provision.
>
> **s 364:** Am 2007 No 94, Sch 2; 2016 No 48, Sch 1 \[89\] \[90\]; 2023 No 41, Sch 1.2\[89\] \[90\]; 2025 No 61, Sch 2.52\[1\].