Abandonment of employment
A situation where an employee fails to report for work for an extended period of time without excuse and does not notify the employer for the reasons for his/her absence.

Accumulated leave
Leave entitlements that have been accrued, but not yet taken by an employee, over a specified period. The main types of leave that are accumulated in this way are annual holiday leave, sick leave and long service leave. See also Annual Leave, Long Service Leave, Sick Leave

Acts
Statute Law

Adoption Agency
An agency, body, office or court, authorised by a Commonwealth or State law to perform functions about adoption.

Adoption Leave
Leave, usually unpaid, that is provided to an employee that has adopted a child under the age of five.

Adult Employee
The majority of awards and agreements stipulate an age at which all employees must be paid the full adult rate of pay. Typically this is 18 or 21 years of age. See also Junior Employee

Allowances
An allowance is a condition of employment and a provision for payment in addition to the standard minimum rate of pay. As an example, it can be a disability (e.g. wet work); responsibility or skill relating to work (e.g. first aid) or a reimbursement of costs incurred (e.g. clothing, travel or motor vehicle).

Alternative Wage Resolution
A process by which a wage complaint is resolved quickly and efficiently between the employer and officer of the Department of Justice and Attorney-General.

Amendment
A process in which some of the conditions set down in an award are altered by a decision of the Commission. That is, the award is amended to reflect the new outcomes. Also known as a variation.

Annual Leave
Annual leave is paid holiday time that all employees (excluding casuals, pieceworkers, school-based apprentices or trainees) receive for each completed year of employment. May also be called recreation leave.

Annual Leave Loading
An award or agreement may provide for an extra payment by way of a loading (e.g. 17.5%) that is to be added to an employees ordinary current rate of pay during annual leave. See also Annual Leave.

Anti-Discrimination Commission Queensland
The Anti-Discrimination Commission Queensland is an independent statutory body which administers the Queensland Anti-Discrimination Act 1991 (PDF, 820 kB). The Commission conducts education activities and research projects, provides advice about anti-discrimination law and speaks as an independent voice on human rights issues.

The Commission is also the first point of call for lodging complaints of discrimination.

Anti-Discrimination Tribunal Queensland
The Tribunal is an independent Tribunal established under the Queensland Anti-Discrimination Act 1991 (PDf, 820kB). Its key functions are:

• to hear and determine complaints of discrimination and sexual harassment; and
• to hear applications for exemptions, and
• to provide opinions to the Anti-Discrimination Commissioner.

Application Clause
A clause within an industrial instrument that sets what type of work, industries, employers or areas to which an award applies.

Apprentice
One bound by legal agreement to work for another for a specific amount of time in return for instruction in a trade, art, or business.

Apprenticeship
An employment based training scheme approved under the Vocational Education, Training & Employment Act 2000 (PDF, 1.04 mB). The apprenticeship involves a period of technical off-the-job and on-the-job training for each particular trade or occupation, usually of fixed duration, in which the apprentice is normally registered with one employer.

Arbitration
A system of dispute settlement in which an independent third party (e.g. Queensland Industrial Relations Commission) considers a dispute between two or more parties, and having taken submissions, decides upon the basis of agreement. The decision is then binding on the parties.

Australian Industrial Relations Commission
The Australian Industrial Relations Commission (AIRC) is a Federal tribunal. The functions of the AIRC are broadly to deal with employment issues including dispute settlement, unfair dismissal and the setting of wages and conditions for Federal awards and certified agreements.

Award
An award is a legally binding document approved by the Commission (federal or state) prescribing the minimum terms and conditions of employment for those employees covered by the application clause of this award.

Award Free Employees
Award Free employees are employees who are employed under a contract of employment but whose wages or salaries and conditions are not regulated by an industrial instrument. However, some of their employment conditions (i.e. annual leave, sick leave, long service leave, family leave and notice on dismissal from employment) are prescribed by the Industrial Relations Act 1999.

Award Wage
The minimum rate of pay that must legally be paid to an employee covered by a particular award. An award generally contains a number of rates that vary according to: the age of the employee, their employment status (full-time, casual or part-time) and the employee's occupational classification.

Back Pay
A payment made to an employee who has been underpaid for some reason.

Bankruptcy
When a person and/or individuals in partnership are unable to pay their debts, a court may order that their financial affairs be managed by a trustee to call in all assets and pay debts from available funds. Bankruptcy is also referred to as insolvency.

Bereavement Leave
Under the Industrial Relations Act 1999, bereavement leave (also known as compassionate leave) is leave to assist employees when there is a death in their immediate family or household within Australia.

Broadbanding
A method by which job classifications judged to be of approximately equal value are brought by agreement to an equal level of pay.

Bullying
See Workplace Bullying

Business Hours
The hours of operation of the employer's business.

Calling
A craft, manufacture, occupation, trade, undertaking or vocation.

Carer's Leave
Carer's leave is parental leave available to employees who have responsibility for providing care and support to their immediate family or members of their household who are ill. This provision of the Industrial Relations Act 1999 applies to all employees whether or not they are covered by an award or agreement. Under the Family Leave Award - State there is a similar entitlement called Special Responsibility Leave. See also Special Responsibility Leave.

Casual Employment
A casual is an employee hired on an hourly or daily basis as provided for in the award. A casual employee is not entitled to annual leave, sick leave or paid public holidays. However, casuals are compensated for the loss of these entitlements by way of an extra loading added to their ordinary rate of pay. See also Full-Time and Part-Time Employment.

Short-term casual employees are casual employees who have not been engaged on a regular and systematic basis, have not been engaged for several periods of employment of a least one year and does not have a reasonable expectation of further employment with the employer.

Long term casual employees are casual employees engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under Parental Leave.

Casual Loading
The extra hourly rate of pay that must be paid to casual employees, over and above the normal hourly award rate, to compensate them for not accruing leave entitlements or being guaranteed work. The rate is expressed as a percentage and generally varies from 23% above the standard hourly rate in different awards.

Certificate of Employment
An employer, when asked by a person whose employment with the employer has been terminated, must give the person a certificate, signed by the employer, about the particulars prescribed under the Industrial Relations Act 1999.

A certificate of employment must include the following particulars:

• the employee's full name and address;
• a description of the trade or occupation in which the employee was employed;
• the dates on which the employee started and finished employment with the employer;
• the address of the workplace at which the employee was employed.

The certificate must be signed and dated by the employer.

Certified Agreement
A certified agreement is a written collective employment agreement that sets out the wages and working conditions for a particular group of employees. The group of employees may be the whole of a workforce or a specific group that is somehow separate and distinct. Certified agreements can cover a single workplace or be made to cover a group of associated employers.

Child/Children
See also school-aged children or young children

Classifications
The determined level of an employee's skills, duties, responsibilities and training for which an appropriate rate of pay is derived.

Commission
In the context of this Common Terms Index, either the Australian Industrial Relations Commission (federal) or Queensland Industrial Relations Commission (state).

Common Law
That body of law that has developed through the precedent of judicial decisions as opposed to statute law.

Company
A commercial organisation or entity, registered by relevant statutes, that has its own legal personality. The term is sometimes used generally as synonym for terms like enterprise or firm.

Compensation
An amount of money ordered by the Commission, in lieu of ordering re-instatement in 'unfair dismissal' proceedings.

Conciliation
A dispute settling method in which a third party, usually an independent, seeks to bring the disputants to the point where they can reach agreement. The conciliator acts as an 'honest broker' in the negotiations. In Australia, agreements produced through formal conciliation lead to changes in award provisions. If the conciliator is unsuccessful in settling some or all of the issues that are in dispute, these items can be referred to arbitration.

In reference to unfair dismissal, conciliation entails a conference held by the Commission, between the employer and employee to try and resolve unfair dismissal matters in dispute.

Continuous Service
The mandatory criteria that must be satisfied prior to accruing an entitlement to any type of leave being granted. (e.g. For an employee to be entitled to long service leave on full pay they must have completed the first 10 years of continuous service)

Contract of Employment
A derivative of the common law (of contract) as it relates to the contract between the master (the employer), and his servant (the employee), which is entered into upon employment. The contract of employment, which does not have to be written, is concerned with the rights and duties of the employer and employee and defines the nature of their relationship. The employer, for example, has a duty to indemnify the employee, to pay legal wages, and to provide work. The employee, on the other hand, has a duty of fidelity, and a duty to obey any lawful command.

Crib Break ...
A short rest break taken during working time, e.g. a 'smoko'. See also Smoko

Declaration of Policy
The process under state arbitration systems where a decision applied to two or more parties can be applied or generalised to all other related parties by the Commission stating that, as a matter of policy, it will do certain things if specified prerequisites are met.

Deduction
An authorised amount of money that is taken out of the employee's wages with the employee's written consent. For example, tax, superannuation, medicare, voluntary savings or union dues.

Definition
A clause within an award that describes various provisions specific to that award.

Disability Allowances
An extra payment to which employees become entitled when they carry out specific tasks or to compensate them for work under prescribed conditions. Examples include dirt money and danger money. The rates payable, and the circumstances under which they must be paid, are prescribed in awards.

Discrimination
Discrimination is where someone is treated, directly or indirectly, less favourably than another in similar circumstances because that person has or is believed to have one of the attributes identified in the Anti-Discrimination Act (e.g. race, gender, marital status). Discrimination in the workplace often takes the form of harassment of an individual on the basis of an attribute or a perceived attribute. See also Harassment.

Dismiss
The act of terminating an employees employment contract. Some of the common reasons for dismissal are: constructive dismissal, summary dismissal, misconduct, fixed term contract, redundancy, voluntary redundancy, frustration of contact and absenteeism. See Other Reasons for Dismissal on our site for more exacting definitions.

Double Time and a Half
Normally a penalty rate referred in the context of public holidays and generally means 1.5 times in addition to the ordinary hourly rate.

Duty of Care
A legal duty of employers to not expose their employees to risks to their health or safety.

Duty of Fidelity
A legal duty of an employee not to divulge information that may prejudice their employer's business to competitors.

Employee
A person whose employment is governed by a contract of service or other relevant employment law, or a person defined as or deemed to be an employee under the Industrial Relations Act 1999.

Employer
A person, corporation, enterprise or organisation that employs or engages a person or persons including those persons who are defined as an employer under the Industrial Relations Act 1999.

Employer Association
An organisation whose membership generally consists of employers who operate in the same or related industries and tend to act as coordinator of some industrial interest of the member companies. Registration with the Commission is mandatory for an organisation to be included under this heading.

Employment Separation Certificate
Employment Separation Certificates are administered by Centrelink to enable a person to claim Newstart Allowance, Youth Allowance and in some cases, Parenting Payment. They are used to ensure that only eligible people get paid an allowance and that they are paid the right amount from the correct date.

Enterprise Bargaining
Enterprise bargaining is a way for employers, employees and their representatives to get together to decide on ways to improve how their business operates and how to share the rewards. Often this is the basis for an agreement such as a Certified Agreement or Queensland Workplace Agreement.

Equal Employment Opportunity (E.E.O.)
A policy that is designed to eliminate the discriminatory work and employment practices that have disadvantaged various groups (e.g. women, Aboriginal or Torres Strait Islanders, people from non-English speaking backgrounds, and people with disabilities). Equal employment opportunity practices are relevant to all aspects of personnel practice in organisations.

Harassment
Harassment is any form of behaviour that is unwelcome, unreciprocated, unsolicited and usually (but not always) repeated which makes the workplace unpleasant, humiliating or intimidating for the person who is the target of that behaviour.

Higher Duties
Work that is performed for a period by an employee that is at a grade higher than that which they are normally employed in. The employee is paid at the higher rate for the period they act in that position.

Holiday Pay
The pay that an employee is entitled to when they take their annual leave. It includes full pay for the number of days stipulated in the relevant award, the annual leave loading, and any other amounts agreed. See also Annual Leave and Annual Leave Loading.

Hourly Rate
The pay rate that is specified in an award or agreement for each occupational classification that is the minimum rate payable per hour employed. The rate needs to be interpreted in conjunction with other clauses that specify standard hours, allowances, and loadings, etc. Hourly rates can vary for full-time, part-time and casual employees.

Increments
Steps in a salary or wage scale through which an employee may progress at fixed regular intervals over a period of time or when they meet certain performance criteria or obtain specified qualifications. Incremental advancement may occur automatically (at the end of each year of service for example) or on the basis of merit, or, on the basis of the acquisition of specified competencies.

Industrial Dispute
A term referring to any disagreement in industrial relations, mainly between employers and employees. (Used synonymously with strike and other forms of industrial action).

Industrial Instrument
An award or certified agreement made under state or federal legislation, a Queensland Workplace Agreement (QWA), an industrial agreement, an enterprise flexibility agreement (EFA), an Order, or a code of practice made for outworkers in the clothing industry or for labour market programs.

Industrial Officer
Authorised Industrial Officers are officers or employees of an industrial organisation (e.g. a union) who are authorised by the Industrial Registrar to exercise certain powers.

Industrial Relations
Relations between the management of an industrial enterprise and its employees.

Insolvency
Insolvency is the inability of an individual or incorporated entity to pay its debts as and when they fall due.

Insolvent
Where a business is unable to pay its debts. Sometimes a term used for individuals instead of bankrupt.

Inspector
Inspectors are impartial officers employed by the Department of Justice and Attorney-General. They give advice and assistance and ensure the provisions of awards and agreements are observed and met.

Job
The set of tasks that is allocated to an employee and that they are expected to carry out during their work day. See also Occupation.

Jobsharing
Jobsharing is an arrangement in which two or more people share a full-time job. Each person works part-time on a regular on-going basis.

Junior Employee
Any employees who are younger than the age set down in an award, or in other statute, defining adult (or senior) employment status - typically 18 or 21 years of age. Most awards and agreements set different wage rates for each age group up to senior status. See also Adult Employee

Labour Hire Agency
An entity that conducts a business that includes the supply of services of employees to others.

Leading Hand
An employee who is promoted to supervise a small workgroup and who, typically, possesses the same type of skills as the workgroup. Leading hands are usually responsible for the oversight of the technical work performed by the workgroup for which they are responsible. Also commonly known as a foreman or supervisor.

Leave without Pay
A form of leave granted when an employer permits an employee to take time off work without pay, for a specified period.

Liquidation
Insolvency of a company is referred to as liquidation. Similar to bankruptcy but with reference to a company not an individual.

Loading
An amount of money paid to an employee, on top of the ordinary rate of pay earned, to compensate them for a specific purpose e.g. annual leave or casual loading, etc. See also Casual Loading and Annual Leave Loading

Log of Claims
A written set of claims or demands that is presented to a bargaining opponent. In the Federal system, the service of a Log of Claims and its rejection is a necessary prerequisite for the creation of a Paper Dispute for the purposes of the Workplace Relations Act 1996.

Long Service Leave
Long Service Leave is a period of paid leave granted to an employee in recognition of a long period of service to an employer. Entitlements for long service leave are provided for in the Industrial Relations Act 1999.

Lump Sum
A single payment that is paid to an employee usually on termination of his or her employment. The lump sum usually includes accrued pay, accrued leave entitlements, and any bonuses or allowances to which the employee is entitled.

Maternity Leave
Also known as Parental leave is generally unpaid leave and includes:

• leave for a pregnant employee;
• leave for the spouse of a pregnant employee; and
• adoption leave

Meal Allowance
An allowance payable to employees who work outside the standard hours provisions of an award to compensate them for the cost of a meal. The allowance, and the conditions under which it must be paid, are generally stipulated in the award. Meal Allowance is often called 'tea money' and is usually paid by employers when overtime is involved.

Meal Break
The time allowed for employees to have meals. This is taken in the employee's time (i.e. unpaid). The length of the break and the time when it is to be taken may vary between awards.

Misconduct
Misconduct for the purpose of dismissal without notice or compensation in lieu of notice comprises any conduct by an employee of a type that would make it unreasonable to require the employer to continue the employment during the notice period.

The Industrial Relations Act 1999 includes theft, assault and fraud as misconduct that would satisfy this requirement. No other types of misconduct are currently prescribed under a regulation, however, industrial tribunals may uphold that an employee?s specific conduct and/or consequences of their actions were sufficiently serious to justify at common law the employer?s decision to summarily terminate the employee without notice or compensation in lieu of notice.

Multi Skilling
Training workers in many skills to allow them to do a wider range of work.

Net Earnings
Total wages or salary payable inclusive of any deductions.

Notice
The period of time that employees and employers are required to give to each other in regard to the termination of an employment contract. The period varies according to the length of service of the employee. In the event of an employer summarily dismissing an employee, other than for misconduct, the employee is entitled to be paid for the period of notice whether or not they actually work that time. See also Unfair Dismissal.

Occupation
A type of job, e.g. teacher, clerk, chef, motor mechanic.

Operative Date
The date at which an industrial instrument or a particular provision of an Industrial Agreement comes into force.

Ordinary Rate of Pay
The rate payable for ordinary time under an industrial instrument.

Ordinary Time Earnings
The term Ordinary Time Earnings may vary slightly in some awards, however, generally means the actual ordinary rate of pay the employee receives for ordinary hours or work including leading hand, in-charge or supervisory allowances where applicable. The term includes any over-award payment as well as casual rates received for ordinary hours of work.

Ordinary time earnings do not normally include overtime, disability allowances, commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

Ordinary Working Day
A day on which the employee would ordinarily be required to perform work.

Ordinary Working Hours
For an employee, means the hours between the employee's ordinary starting time and ordinary finishing time under a relevant industrial instrument.

Outworker
A person engaged, for someone else's calling or business, in or about a private residence or other premises that are not necessarily business or commercial premises to pack, process or work on articles or material or carry out clerical work. Outworkers are commonly found in the clothing industry.

Overaward Payment
Any part of ordinary hours pay that exceeds the amount set down in the award for ordinary hours. Also referred to as Above Award Payment.

Overtime
Time worked outside, or in excess of, ordinary working hours. Such work is normally be paid for at penalty rates stipulated in the relevant award or agreement.

Parent
A parent is the child's mother, father or another person who exercises parental control over the child. However, a person temporarily acting in the place of the parent is not considered to be a parent.

Where the child is an Aboriginal or Torres Strait Islander, a parent includes a person who is regarded as such under Aboriginal or Torres Strait Islander custom.

Where a person has been granted guardianship under the Child Employment Act 2006 (PDF, 619 kB), or where a person has been granted parental responsibility through a decision of a Federal or State court then that person is considered to be the only parent of the child. In these cases, no other person, including the child's biological parent, would be regarded as the child's parent under this Act.

Parental Leave
Parental leave is an entitlement that MAY be shared between the parents of the child. Except for one week after birth, the employee and spouse are normally required to take the leave at different times.

Partnership
The relationship that exists between persons carrying on business with a view to making profit.

Part-Time Employment
An employee who is engaged for a number of hours, fixed or variable, but that are fewer than those specified as standard hours in the relevant award. Some awards stipulate the maximum as well as minimum hours for which part-time employment can be engaged. Part-time employees are entitled to accrue holiday and other leave entitlements on a pro rata basis according to the ration of hours worked to ordinary hours. See also Full-Time and Casual Employment

'Regular Part-Time Employees' - is defined in the Industrial Relations Act 1999 as an employee who - works less than full-time ordinary working hours; andhas reasonably predictable hours of work; andis entitled to receive on a proportionate basis equivalent wages and employment conditions to those specified in an award for full-time employees who do the same type of work.

Pay
Payment for labour or services to an employee, especially remuneration on an hourly, daily, or weekly basis or by the piece.

Penalty Rates
Extra money paid for working at specified times (e.g. weekends or on public holidays). Award determined extra payments and allowances associated with a particular job or its execution.

Permit
A written document that gives authorised permission to work at a calling at reduced rates (e.g. student's work permit or aged/infirm permit). The Industrial Registrar grants such permits.

Piece Rate
The rate per unit or output that is fixed from time to time in a payment by results system. The piece rate is typically the product of (a) an attempt to measure the normal or expected output for a period of time for an employee working normally, and (b) negotiation with employees concerning a 'fair' rate of pay per unit produced.

Piecework
A system of work in which pieceworkers are paid according to output or the number of units turned out (e.g. the shearing of sheep in the shearing industry)

Pieceworker
A person employed in a calling on piecework rates.

Pro Rata Annual Leave
Refers to a proportionate of annual leave that is less than a period of twelve months usually calculated on termination.

Pro Rata Long Service Leave
An employees entitlement to receive a proportionate payment of long service leave on termination of employment under certain circumstances as defined in the Industral Relations Act 1999.

Qualifying Period
A period of service that an employee must work before being entitled to various types of entitlements such as the joining of a superannuation scheme.

Queensland Industrial Relations Commission
Queensland tribunal that is responsible for regulating industrial relations. It makes awards and trading hours orders and settles disputes between unions, employees and employers. The Commission is also responsible for hearing claims relating to unfair dismissals and unpaid wages due to employees.

Queensland Workplace Agreement
A Queensland workplace agreement is a written individual employment agreement setting out the wages, conditions and working arrangements between an employer and an individual employee.

Redundancy
Redundancy occurs when an employer decides that the job an employee has been doing is no longer needed and the decision is based on circumstances other than the ordinary and customary turnover of labour.

Reference
A written or verbal statement about a person's qualifications, character, and dependability.

Reinstatement
An order for re-employment of an employee who is found by a tribunal or court to have been unfairly dismissed. See also Unfair Dismissal

Remuneration
An employee's wage or salary including amounts payable or other benefits made available to an employee under a contract of service.

Resignation
The voluntary notification by an employee to his or her employer that they intend to terminate their employment. This voluntary act can be distinguished from other methods of terminating employment such as dismissal or redundancy. See also Termination of Employment and Notice

Respondent
A party to, or bound by, an award. In the federal jurisdiction is named, or is a member of a named industrial organisation, when an award is created. See also Roping-In-Award.

Retrenchment
Whereby an employee is dismissed because the employer has made a definite decision that they no longer require the job you are doing.

Roping-In-Award
A federal award that is used to extend the respondency of an existing principal award. The purpose is to incorporate into federal award coverage employers not otherwise subject to the award. See also Respondent

Roster
A schedule that is used to ensure that employees are allocated work times in such a way as to optimise their allocation and to ensure adequate support for production. From an employee's point of view the roster informs them what their hours of work will be over a specific period of time.

Rotating Shift
A system of work where employees work either on a morning, afternoon or evening shift for a set period of weeks then change to another shift that begins at a different time of day.

Safety Net Adjustment
The process by which the Commission provides a wage increase for those employees who have not obtained a wage increase through enterprise bargaining. The aim of this adjustment is to ensure that the wages received by such employees do not fall below the minimum standards set by the Commission. These minimum standards are sometimes referred to as the 'safety net'.

Salary
Fixed compensation for services, paid to a person on a regular basis. The gross pay for an employee who is employed and paid a specified annual amount of pay. This is often paid irrespective of the hours actually worked. Salaries are typically paid fortnightly or monthly unlike hourly paid or wages' employees who tend to be paid weekly.

School-aged child
School-aged child is a child, defined in the Child Employment Act 2006 (PDF, 619 kB), who is under 16 years and required to be enrolled at school. A child who is below the age of 16 years is not a school-aged child if the child has completed compulsory schooling (i.e. completion of year 10) or is for any other reason not required to be enrolled at school.

See also young child

Seasonal Employee
Term used in relation to long service leave entitlements, a seasonal employee is:

• an employee employed in seasonal employment in the sugar industry; or
• an employee employed in or about meat works in seasonal employment by the meat works owner.

Severance Pay
See Redundancy

Sexual Harassment
Is any form of unwelcome sexual attention (whether it be sexual advances, suggestions, requests or threats) that is offensive, intimidating or humiliating.

Shift Allowance
An allowance paid for working a shift that is compensation for working during non-standard (day time) hours.

Shift Work
A work roster system in which employees are divided into separate shifts each of which work consecutively to maintain 24 hour per day production. Shift work may involve two consecutive shifts only.

Sick Leave
Both state and federal awards make provision for a specified number of days per annum on leave with pay for sickness. The actual entitlements vary between awards but the most common allowance is for 8 days per annum. Sick leave entitlements can often be accrued over a period of service.

Smoko
A short, paid, break from a work routine. See also Crib Break

Sole Trader
A person who trades on their own.

Special Responsibility Leave
Special Responsibility Leave is a provision in the Family Leave Award - State similar to 'Carer's Leave' under the Industrial Relations Act 1999. Additional options are provided for in the award for an employee to provide care, as long as there is agreement with the employer. See also Carer's Leave.

Spouse
Spouse of an employee includes:

• A former spouse; and
• A de facto spouse, including a spouse of the same sex as the employee

Standard Hours
The number of hours determined to be the normal working week or day.

Statute Law
That body of law which is governed by Acts of Parliament.

Strike
A form of industrial action that is based upon the withdrawal of labour by a group of workers (usually members of a union), to back demands on the employer.

Sunset Clause
A clause in an industrial instrument that sets down an expiry date, and sometimes what is to happen when this occurs.

Superannuation Guarantee
Superannuation guarantee ensures that most Australian workers are provided with superannuation contributions by their employer. An employer should either contribute to a complying superannuation fund or retirement savings account (RSA) for an employer or pay the superannuation guarantee charge. If your employer pays the charge, the Australian Taxation Office (ATO) will then pay an equivalent amount into a superannuation provider of the employer's choice.

Supervisor
The term tends to be used to describe low-level managers who have the responsibility for monitoring the work of a small workgroup in an enterprise.

Take Home Pay
The amount of money received and employee receives after income tax and other deductions have been taken out from weekly earnings.

Telecommuting
Telecommuting is an agreed regular performance of part of the employee's hours of duty at a home-based office, utilising telecommunication technology, as a substitute for commuting to the work office location.

Termination
The act of ending the employee/employer contract by either the giving of notice, instant dismissal, resignation or frustration of contract.

Trainee
A person who is employed in a traineeship.

A trainee and their employer sign a contract to work together so that the trainee can learn the skills of the occupation they have chosen. See also Traineeships.

Traineeships
An employment based training scheme approved under the Vocational Education, Training & Employment Act 2000. A traineeship can be full-time or part-time. Students can also start a traineeship while they are at school. The length of a traineeship depends on the industry, the occupation or trade, any previous training the trainee may have had and how quickly he or she learns the skill of the traineeship. Traineeships usually last one year.

Transfer
The Industrial Relations Act 1999 defines a transfer of calling as including a transmission, assurance, conveyance, assignment or succession either by operation of law or by agreement including an agreement effected by a third person.

Unfair Contract
A contract that:

• Is harsh, unconscionable, or unfair; or
• Is against the public interest; or
• Provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or the Industrial Relations Act 1999; or
• Is designed to, or does, avoid the provisions of an industrial instrument.

Unfair Dismissal
A termination of an employment contract is unfair if it is:

• For an invalid reason (i.e. the reason for dismissal is unfair or discriminatory); or
• Harsh, unjust or unreasonable (i.e. the dismissal procedure is unfair)

See also Reinstatement

Union
Common name for an employee organisation. Group of employees in similar occupations or industries who join together to bargain with their employers regarding working conditions.

Variation
See Amendment

Voluntary Redundancy
When an organisation has surplus staff it can ask whether any employees are interested in accepting voluntary redundancy. This means that the employee would be paid an agreed lump-sum, usually based upon their length of service, in lieu of ongoing employment. The policy helps the organisation downsize without having to terminate the employment of those who wish to retain their jobs.

Wage
Wages as an amount (including a salary) payable to an employee for:

• Work performed, or to be performed, by the employee; or
• A public holiday; or
• Leave to which the employee is entitled; or
• Termination of employment

And includes an amount payable from wages for the employee, with his or her written consent (e.g. if an employer fails to pay authorised deductions to a nominated organization, the unpaid amounts are wages which are still due and payable to the employee)

Wage Complaint
Where an employee has evidence of an underpayment and/or non-payment of wages, entitlements or conditions under State or Federal industrial law requiring further investigation by either the Department of Justice and Attorney-General or relevant Union.

See also how to Lodge a Wages and Conditions Claim.

Work
The term 'work' has a broad application including work that is carried out for labour only or substantially for labour only and work performed under piecework rate arrangements as well as under a traditional employment arrangement. 'Work' does not include genuine independent subcontracting arrangements. With regards to child employment laws, participating or assisting in a business carried on for profit is included under this definition, even where the child does not receive payment or other reward. This definition also includes work performed as a supervisor.

'Work' does not include domestic chores.

Work carried out as part of work experience, vocational placements, apprenticeships, traineeships and charitable collections covered by other legislation.

WorkCover
An insurance where employers are legally required to pay an annual premium to WorkCover. For this insurance, WorkCover pays benefits to workers who suffer work-related injury or illness. These benefits include income replacement, hospital and medical costs and lump sum compensation. These benefits are outlined in WorkCover's legislation.

Workers Compensation
Payment in lieu of wages lost or compensation for personal injury sustained as a result of accidents in the course of employment, i.e., received at work or travelling to or from work.

Workplace Bullying
Workplace bullying is ?the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice?. In other words, bullying is behaviour that intimidates, offends, degrades or humiliates a worker, possibly in front of co-workers, clients or customers.

Young child
A young child is a child, defined in the Child Employment Act 2006 (PDF, 619 kB), who is not old enough to be enrolled for compulsory schooling. While it is not envisaged that there will be many instances where young children will work, there are occasions where this could happen e.g. young children working in the entertainment industry.

See also school-aged child