Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"Australian Fair Pay Commission" means the Australian Fair Pay Commission established under the Commonwealth Act;
"Australian Industrial Relations Commission" means the Commission within the meaning of the Commonwealth Act;
"Australian workplace agreement" has the same meaning as it has in the pre-amendment Commonwealth Act;
"award" has the meaning given by section 4;
"certified agreement" has the same meaning as it has in the pre-amendment Commonwealth Act;
"Commonwealth Act" means the Workplace Relations Act 1996 of the Commonwealth as in force from time to time;
"designated preserved award" , in relation to an employee to whom a workplace agreement will apply, means a preserved award that the WRA under section 12 has determined to be appropriate for the purpose of deciding whether the agreement passes the fairness test;
"employee" means employee of a public sector employer including, in relation to the Chief Commissioner of Police, a member of the force within the meaning of the Police Regulation Act 1958 ;
Note: See sub-section (2). Also, section 11 gives "employee" an extended meaning for the purposes of Part 3.
"Employment Advocate" has the same meaning as it has in the Commonwealth Act;
"exceptional matters order" has the same meaning as it has in the pre-amendment Commonwealth Act;
"fairness test" has the meaning given by section 13;
"Family Provisions standard" means the standard set of terms and conditions of employment published by the Minister under section 7(1);
"Family Provisions Test Case" means the decision of the Full Bench of the Australian Industrial Relations Commission on 8 August 2005 published in Print PR082005;
"industrial instrument" means—
(a) an award as in force at the preservation time;
(b) a certified agreement;
(c) an agreement in relation to which an application for certification was made before the preservation time but not certified before that time;
(d) an Australian workplace agreement filed with the Employment Advocate before the preservation time, whether or not approved or receipted by the Employment Advocate before that time;
(e) an exceptional matters order;
(f) an award made under section 170MX of the pre-amendment Commonwealth Act;
(g) any order of the Australian Industrial Relations Commission as in force at the preservation time;
"preservation time" means the time immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 of the Commonwealth;
"pre-amendment Commonwealth Act" means the Workplace Relations Act 1996 of the Commonwealth as in force at the preservation time;
"public sector employer" means—
(a) an entity responsible for employing a person in—
(i) a public sector body within the meaning of the Public Administration Act 2004 ; or
(ii) a Department within the meaning of the Parliamentary Administration Act 2005 ; or
(b) the Chief Commissioner of Police
in relation to a member of the force within the meaning of the Police
Regulation Act 1958 ; or
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(c) an entity, or an entity of a specified class, prescribed to be a public sector employer for the purposes of this Act;
"trade union" has the same meaning as it has in the Commonwealth Act;
"workplace agreement" has the same meaning as it has in the Commonwealth Act;
"workplace determination" has the same meaning as it has in the Commonwealth Act;
"WRA" means the Workplace Rights Advocate under the Workplace Rights Advocate Act 2005 .
(2) To avoid doubt, members of the force within the meaning of the Police Regulation Act 1958 are treated as employees of the Chief Commissioner of Police for the purposes of this Act.