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JUSTICE LEGISLATION (FURTHER AMENDMENT) ACT 2006 (NO 79 OF 2006) - SECT 18

Definitions

    (1)     In section 4(1) of the Equal Opportunity Act 1995

        (a)     in paragraph (a) of the definition of "employee", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement";

        (b)     in paragraph (a) of the definition of "employer", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement";

        (c)     in paragraph (a) of the definition of "employment", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement".

    (2)     In section 4(1) of the Equal Opportunity Act 1995 , for the definition of "industrial activity" substitute

' "industrial activity" means—

        (a)     being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association;

        (b)     establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association;

        (c)     organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association;

        (d)     encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

        (e)     not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

        (f)     representing or advancing the views, claims or interests of members of an industrial organisation or industrial association;'.

    (3)     In section 4(1) of the Equal Opportunity Act 1995 , insert the following definition—

' "industrial association" means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation;'.

    (4)     In section 4(1) of the Equal Opportunity Act 1995 , for the definition of "industrial organisation" substitute

' "industrial organisation" means—

        (a)     an organisation of employees;

        (b)     an organisation of employers;

        (c)     any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment—

registered or recognised under a State or Commonwealth enactment;'.

    (5)     After section 4(2) of the Equal Opportunity Act 1995 insert

    '(3)     A reference in the definition of "employee", "employer" or "employment" in sub-section (1) to a workplace agreement within the meaning of the Workplace Relations Act 1996 of the Commonwealth includes a reference to an Australian Workplace Agreement or a certified agreement within the meaning of that Act as in force immediately before 27 March 2006.'.



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