Terminology

Click on the letters below to quickly find the term you're searching for:

A I B I C I D I E I F I G I H I I I J I K I L I M I N I O I P I Q I R I S I T I U I V I W I X I Y I Z

A

Australian Workplace Agreements (AWA's)

Are the Howard Government's Industrial Relations Laws which allowed employers to cut take-home pay and reduced minimum standards. They have been abolished by the Fair Work Act 2009.

Award

An award sets out the rights and obligations of employers and employees engaged in particular types of work. There are many different types of awards covering different industries and occupations. An award covers many conditions such as hours of work, pay rates, allowances, leave entitlements etc.

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B

Bill

A Bill is a draft law that Parliament proposes to make. If it is approved and passed by Parliament the Bill becomes an Act.

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D

Dismissed

(1) A person has been dismissed if:

 (a) The person's employment with his or her employer has been terminated on the employer's initiative; or

b) The person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.

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E

Enterprise

Means a business, activity, project or undertaking.

Enterprise Agreements

Are agreements which can be made with a single employer and their employees ("single enterprise agreement"), or between more than one employer and their employees ("multi enterprise agreement'). Unions may also become parties to enterprise agreements but they must represent at least one employee.

Enterprise Agreement

Is a

 (a) A single-enterprise agreement; or

 (b) A multi-enterprise agreement.

Employer

Is the person who hires and pays wages

Employee

Is the worker, it is the person employed in any industry, whether on salary wages or piece-work rates

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F

Fairness test 

Is the old test under the Australian Workplace Agreement's (AWAs)

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Individual Transitional Employment Agreement (ITEA) 

It is a new agreement put in place instead of the AWA's

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M

Modern Award 

Are awards which provide industry specific detail about matters in the National Employment Standards. Modern awards will deal with 10 allowable modern award matters such as minimum wages, types of employment etc.

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N

No Disadvantage Test  

Under this test the Workplace Authority Director would have to be satisfied that a workplace agreement would not reduce employees' overall terms and conditions of employment when compared with collective agreement such as an award.

National minimum wage order 

Is a national minimum wage order made in an annual wage review.

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P

Paid annual leave

Is paid annual leave to which a national system employee is entitled

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R

Reference Instrument (in the case of an ITEA) 

A reference instrument would be:

• a relevant collective instrument, or instruments if they are capable of operating together (for example, two pre-reform certified agreement operating concurrently); or
• a relevant collective instrument and a relevant general instrument, if they are capable of operating together (for example, a pre-reform certified agreement operating concurrently with an award); or
• if there is no relevant collective instrument, a relevant general instrument; or
• if there is no relevant collective instrument or relevant general instrument above, an appropriate federal award designated by the Workplace Authority Director.

Reference Instrument (in the case of a Collective Agreement)  

A reference instrument would be:

• a relevant general instrument; or

• if there is no relevant general instrument, an appropriate federal award designated by the Workplace Authority Director.

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S

Small Business employer  

A national system employer is a small business employer at a particular time if the employer employs fewer than 15 employees at that time. All employees employed at the time are to be counted except casual employees, unless the person was at the time employed on a regular and systematic basis.

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U

Unfair dismissal  

A person has been unfairly dismissed if Fair Work Australia is satisfied that:

(a) the person has been dismissed; and

(b) the dismissal was harsh, unjust or unreasonable; and

(c) the dismissal was not consistent with the Small Business Fair

 Dismissal Code; and

 (d) the dismissal was not a case of genuine redundancy.

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If your concerned how the transition to the new Fair Work system will affect you, please call us on 1300 QUINNS (1300 784 667) or complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry.