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IntroductionChapter 1

DefinitionsPart 1-2 The DictionaryDivision 2

Regulation1.04

Division 2—The Dictionary

1.04Meaning of designated outworker term

For paragraph (f) of the definition of designated outworker term in section 12 of the Act, each of the following terms is prescribed:

(a) a term that deals with the filing of records about work to which outworker terms of a modern award apply;

(b) a term that deals with the provision of materials;

(c) a term that is incidental to a designated outworker term, including a term dealing with the observance of the award.

1.05 Meaning of eligible State or Territory court

For the purposes of paragraph (d) of the definition of eligible State or Territory court in section 12 of the Act, the South Australian Employment Court is prescribed.

1.06Meaning of prescribed State industrial authority

For the definition of prescribed State industrial authority in section 12 of the Act, the following State tribunals are prescribed:

(a) the Industrial Relations Commission of New South Wales;

(b) the Queensland Industrial Relations Commission;

(c) the Western Australian Industrial Relations Commission;

(d) the South Australian Employment Tribunal;

(e) the Tasmanian Industrial Commission.

1.07Meaning of serious misconduct

(1) For the definition of serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning.

(2) For subregulation (1), conduct that is serious misconduct includes both of the following:

(a) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment;

(b) conduct that causes serious and imminent risk to:

(i) the health or safety of a person; or

(ii) the reputation, viability or profitability of the employer's business.

(3) For subregulation (1), conduct that is serious misconduct includes each of the following:

(a) the employee, in the course of the employee's employment, engaging in: (i) theft; or

(ii) fraud; or

Fair Work Regulations 2009

Compilation date: 11/09/2021

3

Compilation No. 36

Registered: 19/10/2021

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