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4B: Employer’s general obligation to keep records relating to minimum entitlement provisions
or “Employers must keep detailed records to show they follow the rules about workers' basic rights.”
You could also call this:

“This section explains what different words and phrases mean in this law, helping you understand important terms used in the rest of the document.”

In this Act, unless the context says otherwise:

  • ‘Agreed hours of work’ are the hours specified in section 67C(1).

  • An ‘applicable collective agreement’ is one that binds a union and employer for an employee who is a union member.

  • The ‘Authority’ is the Employment Relations Authority set up by section 156.

  • ‘Bargaining’ for a collective agreement includes all interactions and communications between parties about the bargaining.

  • The ‘chief executive’ is the head of the relevant government department.

  • The ‘Chief Judge’ leads the Employment Court.

  • A ‘collective agreement’ is one that binds one or more unions, employers, and at least two employees.

  • A ‘controlling third party’ is someone who has a contract with an employer and can control the employer’s employees similarly to how the employer does.

  • ‘Employment standards’ include requirements from various employment-related laws.

  • An ‘employment agreement’ can be a collective agreement, individual agreement, or a mix of both.

  • A ‘homeworker’ is someone employed to work at home.

  • ‘Mediation’ includes services provided by the chief executive to help solve workplace problems.

  • A ‘strike’ and ‘lockout’ are defined in sections 81 and 82.

  • A ‘union’ is one registered under Part 4 of this Act.

  • ‘Wages’ include payments for time worked, piece work, or commission.

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Next up: 5A: Provisions affecting application of amendments to this Act

or “This part explains how changes to the law are put into action and what happens during the transition.”
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Part 2 Preliminary provisions
Interpretation

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    agreed hours of work means the hours of work specified in accordance with section 67C(1)

      applicable collective agreement means the collective agreement that is binding on the relevant union and employer, at the relevant point in time in relation to an employee of the employer who is a member of the union

        Authority means the Employment Relations Authority established by section 156

          bargaining, in relation to bargaining for a collective agreement,—

          1. means all the interactions between the parties to the bargaining that relate to the bargaining; and
            1. includes—
              1. negotiations that relate to the bargaining; and
                1. communications or correspondence (between or on behalf of the parties before, during, or after negotiations) that relate to the bargaining

                chief executive means the chief executive of the department

                  Chief Judge means the Chief Judge of the court

                    Chief of the Authority means the Chief of the Authority who holds office under section 166(1)(a)

                      collective agreement means an agreement that is binding on—

                      1. 1 or more unions; and
                        1. 1 or more employers; and
                          1. 2 or more employees

                            compliance order means an order made by the Authority or the court under section 137 or section 139

                              controlling third party means a person—

                              1. who has a contract or other arrangement with an employer under which an employee of the employer performs work for the benefit of the person; and
                                1. who exercises, or is entitled to exercise, control or direction over the employee that is similar or substantially similar to the control or direction that an employer exercises, or is entitled to exercise, in relation to the employee

                                  court means the Employment Court constituted under this Act

                                    coverage clause,—

                                    1. in relation to a collective agreement,—
                                      1. means a provision in the agreement that specifies the work that the agreement covers, whether by reference to the work or type of work or employees or types of employees; and
                                        1. includes a provision in the agreement that refers to named employees, or to the work or type of work done by named employees, to whom the collective agreement applies:
                                        2. in relation to a notice initiating bargaining for a collective agreement, means a provision in the notice specifying the work that the agreement is intended to cover, whether by reference to the work or type of work or employees or types of employees

                                          demand notice means a demand notice issued under section 224(1)

                                            department, in any provision of this Act, means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of that provision

                                              dispute means a dispute about the interpretation, application, or operation of an employment agreement

                                                dwellinghouse—

                                                1. means any building or any part of a building to the extent that it is occupied as a residence; and
                                                  1. in relation to a homeworker who works in a building that is not wholly occupied as a residence, excludes any part of the building not occupied as a residence

                                                    employee is defined in section 6

                                                      employer means a person employing any employee or employees; and includes a person engaging or employing a homeworker

                                                        employment agreement—

                                                        1. means a contract of service; and
                                                          1. includes a contract for services between an employer and a homeworker; and
                                                            1. includes an employee's terms and conditions of employment in—
                                                              1. a collective agreement; or
                                                                1. a collective agreement together with any additional terms and conditions of employment; or
                                                                  1. an individual employment agreement

                                                                  employment relationship means any of the employment relationships specified in section 4(2)

                                                                    employment relationship problem includes a personal grievance, a dispute, and any other problem relating to or arising out of an employment relationship, but does not include any problem with the fixing of new terms and conditions of employment

                                                                      employment standards means any of the following:

                                                                      1. the requirements of any of sections 64, 69Y, 69ZD, 69ZE, and 130:
                                                                        1. the requirements of section 2AAC(a) and 2A of the Equal Pay Act 1972:
                                                                            1. the minimum entitlements and payment for those under the Holidays Act 2003:
                                                                              1. the requirements of sections 81 and 82 of the Holidays Act 2003:
                                                                                1. the minimum entitlements under the Minimum Wage Act 1983:
                                                                                  1. the provisions of the Wages Protection Act 1983

                                                                                    essential service means a service specified in Schedule 1

                                                                                      homeworker—

                                                                                      1. means a person who is engaged, employed, or contracted by any other person (in the course of that other person's trade or business) to do work for that other person in a dwellinghouse (not being work on that dwellinghouse or fixtures, fittings, or furniture in it); and
                                                                                        1. includes a person who is in substance so engaged, employed, or contracted even though the form of the contract between the parties is technically that of vendor and purchaser

                                                                                          individual employment agreement means an employment agreement entered into by 1 employer and 1 employee who is not bound by a collective agreement that binds the employer

                                                                                            intended agreement includes part of an intended agreement

                                                                                              Judge means a Judge of the court; and includes an acting Judge

                                                                                                Labour Inspector means an employee of the department designated under section 223 to be a Labour Inspector

                                                                                                  lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

                                                                                                    lockout has the meaning given to it by section 82

                                                                                                      mediation includes mediation services provided under section 144 by the chief executive, and any other mediation services that are provided (whether by the chief executive or any other person) to help resolve employment relationship problems

                                                                                                        mediation services means the mediation services provided, under section 144, by the chief executive

                                                                                                          member of the Authority means a member of the Authority who holds office under section 166(1); and includes a temporary member who holds office under section 172

                                                                                                            minimum entitlement provisions means—

                                                                                                              1. the minimum entitlements and payment for those under the Holidays Act 2003; and
                                                                                                                1. the minimum entitlements under the Minimum Wage Act 1983; and
                                                                                                                  1. the provisions of the Wages Protection Act 1983

                                                                                                                    Minister, in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of that provision

                                                                                                                      person intending to work means a person who has been offered, and accepted, work as an employee; and intended work has a corresponding meaning

                                                                                                                        personal grievance or grievance has the meaning given to it by section 103

                                                                                                                          prescribed means prescribed by regulations made under this Act

                                                                                                                            Registrar of the court means any employee of the department designated under section 198 to act as the Registrar of the court

                                                                                                                              Registrar of Unions means the employee of the department appointed under section 27 to be the Registrar of Unions

                                                                                                                                reinstatement is a remedy in a personal grievance raised by an employee that may be granted as described in section 123(1)(a)

                                                                                                                                  relevant Acts,—

                                                                                                                                  1. in sections 223A and 223B, means the Acts specified in section 223(1), except section 69LA of this Act:
                                                                                                                                    1. in sections 223D to 223F, means the Acts specified in section 223(1), except Part 5 and section 69LA of this Act

                                                                                                                                      strike has the meaning given to it by section 81

                                                                                                                                        union means a union registered under Part 4

                                                                                                                                          wages includes amounts payable to an employee in respect of services provided to the employer—

                                                                                                                                          1. for time; or
                                                                                                                                            1. for piece work; or
                                                                                                                                              1. wholly or in part by way of commission

                                                                                                                                                wages and time record means a wages and time record kept pursuant to section 130

                                                                                                                                                  workplace means a place where an employee works from time to time; and includes a place where an employee goes to do work.

                                                                                                                                                  Notes
                                                                                                                                                  • Section 5 agreed hours of work: inserted, on , by section 6(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                                                                                                                                  • Section 5 controlling third party: inserted, on , by section 4 of the Employment Relations (Triangular Employment) Amendment Act 2019 (LI 2019 No 36).
                                                                                                                                                  • Section 5 coverage clause paragraph (a): substituted, on , by section 7(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                                                                                                                                                  • Section 5 dwellinghouse: substituted, on , by section 7(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                                                                                                                                                  • Section 5 employment standards: inserted, on , by section 6(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                                                                                                                                  • Section 5 employment standards paragraph (b): replaced, on , by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).
                                                                                                                                                  • Section 5 employment standards paragraph (ba): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).
                                                                                                                                                  • Section 5 homeworker paragraph (b): amended, on , by section 7(3) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                                                                                                                                                  • Section 5 intended agreement: inserted, on , by section 4 of the Employment Relations Amendment Act 2010 (2010 No 125).
                                                                                                                                                  • Section 5 Judge: amended, on , by section 4(1) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                                                                                                                                                  • Section 5 lawyer: inserted, on , by section 4(2) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                                                                                                                                                  • Section 5 minimum entitlement provisions: inserted, on , by section 6(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                                                                                                                                  • Section 5 minimum entitlement provisions paragraph (aaa): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).
                                                                                                                                                  • Section 5 minimum entitlements: repealed, on , by section 6(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                                                                                                                                  • Section 5 reinstatement: inserted, on , by section 46 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                                                                                                                                  • Section 5 relevant Acts: replaced, on , by section 5 of the Employment Relations Amendment Act 2014 (2014 No 61).
                                                                                                                                                  • Section 5 wages: inserted, on , by section 4 of the Employment Relations Amendment Act 2018 (2018 No 53).