Apprentices and trainees are employees who have entered into a training agreement with their employer leading to a recognised qualification.
Training agreements are generally lodged with the relevant State Training Board or equivalent. Apprenticeships generally lead to a trade qualification while traineeships generally lead to a recognised non-trade qualification.
An ABN is an identifier used by companies and certain individuals for dealings with the Australian Taxation Office and other government departments and agencies.
The ABR is a public register which contains details of all ABN registrations. In registering an entity under the ABR, the registrar will allocate an ABN to the entity and record the applicant’s details on it.
Australian Fair Pay Commission (AFPC)
The AFPC has been established to set and adjust the Federal minimum wage. The Commission replaces the wage setting and adjusting functions of the Australian Industrial Relations Commission (AIRC) which retains its role as a national tribunal dealing with employment disputes.
You can find more information about the AFPC on the AFPC website
The AIRC is a federal body which exercises a range of powers under the Workplace Relations Act 1996 in relation to:
- preventing and settling industrial disputes;
- facilitating agreement making between employers and employees;
- hearing unfair dismissal applications; and
- dealing with matters concerning industrial organisations.
The ABC Commissioner has a right to intervene in any AIRC case that involves either:
- a building industry participant; or
- building work.
You can find more information about the AIRC on the AIRC website.
One of the Federal Government agencies which regulates superannuation funds, and other financial services bodies in the financial sector, ensuring they operate within the requirements of financial services legislation.
ASIC is the Commonwealth Government organisation which collects information on public and private companies and other corporate bodies registered in Australia under the Corporations Act 1989.
You can find more information about the ASIC on the ASIC website.
An AWA is an individual agreement between an employer and employee about the employee’s terms and conditions of employment. It takes precedence over any Federal and State award. The Employment Advocate must approve AWAs.
An AWA is similar to a certified agreement. However, whereas certified agreements are collective agreements, AWAs are individual agreements. Even though AWAs can be made with a group of employees, they only apply to those employees who sign them. Conversely, a certified agreement will apply to all employees in a group, provided that a majority of those employees have endorsed it.
An award sets out minimum wages and other conditions of employment for specified employees.
Awards may be either Federal or State, depending on the industrial tribunal that certifies them. A significant difference between Federal and State awards is the way they apply to employers.
Federal awards or agreements can apply to an employer, and therefore, relevant employees working for that employer, when:
- the employer is specifically named in the parties bound clause of an award; or
- the employer is a member of a federally registered employer organisation named in the parties bound clause, eg the Australian Hotels Association; or
- an employer buys a business that is already named in a Federal award – the award then applies to the new owner.
In Victoria, the ACT and the NT, the Australian Industrial Relations Commission may, under s141 of the Workplace Relations Act 1996, declare a federal award to be a ‘common rule’ award for a particular industry within one of those States. ‘Common rule’ awards are federal awards that have been declared to apply as a common rule to a certain industry or occupation in Victoria and can apply to all employers in the industry covered by that award. Employees outlined by the scope of the award are covered by its provisions regardless of whether or not the employer is specifically named in the award.
State awards are made by the relevant Industrial tribunal and generally apply to every employer who employs a person in an industry or occupation covered by the award.
More information about awards is available from WageLine or WageNet.
An organized action whereby a party takes action to disrupt a flow of goods and services to or from another party. Both the Workplace Relations Act 1996 and Trade Practices Act 1974 make a distinction between primary and secondary boycotts. Secondary boycotts are illegal under both Acts.
The main object of the BCII Act is to provide an improved workplace relations framework for building work to ensure that building work is carried out fairly, efficiently and productively for the benefit of all building industry participants and for the benefit of the Australian economy as a whole.
This Code of Practice, which has not yet been issued by the Minister, will provide for standards to be observed by persons in respect of building work. The Federal Safety Commissioner is considering the possible development of an OHS component of the Building Code. The Building Code is distinct from the National Code of Practice for the Building and Construction Industry 1997, which applies on Australian Government building sites.
Building employee means:
- a person whose employment consists of, or includes, building work; or
- a person who accepts an offer of engagement as an employee for work that consists of, or includes building work.
In other words, building employee means both those who do building work and those who have merely agreed to do building work.
A building industry investigation relates to the building and construction industry and is undertaken to ascertain whether a designated building law, court order, or the Building Code are being complied with.
A building industry participant can mean any of the following:
- a building employee;
- a building employer;
- a building contractor;
- a person who enters into a contract with a building contractor under which the building contractor agrees to carry out building work or to arrange for building work to be carried out;
- a building association;
- an officer, delegate or other representative of a building association.
The Office of the Australian Building and Construction Commission has jurisdiction over a very broad definition of building work throughout Australia. The few exceptions encompass mining and drilling operations, and operations related to single-dwelling homes. This leaves the ABC Commission with jurisdiction over practically all other aspects of building work, ranging from off-site prefabrication through construction and repairs to landscaping and finishing off. Importantly, it has jurisdiction over commercial building and significant residential building projects. Whether a participant in the building industry is affected by the BCII Act is dictated by whether the work concerned is defined as building work. For more detailed information refer to the Building Work Under the BCII Act Fact Sheet - available on our Fact Sheets page.
Business Entry Point (BEP)
The BEP offers free online transactions and up-to-date, accurate information on tax and a range of other business-related matters. The Business Entry Point can be accessed from www.business.gov.au.
C
Casual employment is characterised most commonly in Australia by the payment of a casual loading. Casual employees generally receive a loading in lieu of certain employment conditions, such as paid annual leave, sick leave, and any explicit commitment of the employer or employee on the period of engagement. Casual employment can take a variety of forms. It can be either part-time or full-time; on a regular or irregular basis; of a temporary or seasonal nature; or last for longer periods of time.
A certified agreement is an industrial instrument made and certified under the pre reform Workplace Relations Act 1996 (WR Act). Pre-reform collective agreements cover the wages and conditions made directly between an employer and a group of employees or between an employer and a union or unions representing a group of employees. Agreements made between an employer and a group of employees or between an employer and unions under the post-reform WR Act 1996 are known as collective agreements.
Common rule awards
Common rule awards are awards that apply to all employees in a particular industry, whether or not their employers are named in the document. This does not, however, apply to employees already covered by a certified agreement or an Australian Workplace Agreement. In Victoria, common law contracts of employment should be revised to meet the minimum standards set in the applicable common rule award.
Common rule awards exist in the Northern Territory, the Australian Capital Territory and, from January 1 2005, in Victoria. Victorian employees are now potentially covered by over 180 different common rule awards.
For more information you can read a summary of the common rule awards in Victoria, or contact Wagenet on 1300 363 264.
A company is a separate legal entity that is taxable on its net taxable income. For tax law purposes, a company includes:
- a body corporate; or
- any other unincorporated association or body of persons
- but does not include a partnership or a non-entity joint venture.
Companies need to obtain a Tax File Number and where appropriate register for an Australian Business Number.
This means:
- an award
- certified agreement; or
- order of the Australian Industrial Relations Commission.
The Building and Construction Industry Improvement Act 2005 (BCII Act) contains powers that enable the Office of the Australian Building and Construction Commissioner (ABCC) to require a person to provide information, documents and/or give evidence under oath or by way of affirmation. They are designed to ensure ABCC investigations are not restricted by a refusal to cooperate.
For more detailed information refer to the Compliance Powers of the Australian Building and Construction Commissioner Fact Sheet - available on our Fact Sheets page.
The Australian Government Department of Education, Employment and Workplace Relations.
This means: