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Employment Relations Act 2000
Part 2 Preliminary Provisions
  Table Of Contents   Part 6 Individual Employees   Schedule 1 Essential Services
  Part 1 Key Provisions   Part 7 Education Leave   Schedule 2 Employment Authority
  Part 2 Preliminary Provisions   Part 8 Strikes And Lockouts   Schedule 3 Employment Court
  Part 3 Freedom Of Association   Part 9 Disputes And Enforcement   Schedule 4 Changes to Police Act
  Part 4 Operation Of Unions   Part 10 Institutions   Schedule 5 Enactments Amended
  Part 5 Collective Bargaining   Part 11 General Provisions   Schedule 6 Enactments Repealed

Part 2 Preliminary Provisions

Interpretation
 Section 5 - Interpretation
 Section 6 - Meaning of employee
Alphabetical index to entire website ERA Home Page ERA Act Contents Back to top

Interpretation
Section 5
Interpretation

In this Act, unless the context otherwise requires,

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,

(a) means all the interactions between the parties to the bargaining that relate to the bargaining; and

(b) includes

(i) negotiations that relate to the bargaining; and

(ii) 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

(a) 1 or more unions; and

(b) 1 or more employers; and

(c) 2 or more employees

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

Court means the Employment Court constituted under this Act

coverage clause

(a) in relation to a collective agreement, 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:

(b) 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 means any building or any part of a building to the extent that it is 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

(a) means a contract of service; and

(b) includes a contract for services between an employer and a homeworker; and

(c) includes an employee's terms and conditions of employment in

(i) a collective agreement; or

(ii) a collective agreement together with any additional terms and conditions of employment; or

(iii) 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

essential service means a service specified in Schedule 1

homeworker

(a) 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

(b) 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

Judge means a Judge of the Court; and includes a temporary Judge

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

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

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

strike has the meaning given to it by section 81

union means a union registered under Part 4

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.

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Section 6
Meaning Of Employee

(1) In this Act, unless the context otherwise requires, employee

(a) means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and

(b) includes

(i) a homeworker; or

(ii) a person intending to work; but

(c) excludes a volunteer who

(i) does not expect to be rewarded for work to be performed as a volunteer; and

(ii) receives no reward for work performed as a volunteer.

(2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Authority (as the case may be) must determine the real nature of the relationship between them.

(3) For the purposes of subsection (2), the Court or the Authority

(a) must consider all relevant matters, including any matters that indicate the intention of the persons; and

(b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship.

(4) Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 1976 or the Sharemilking Agreements Act 1937.

(5) The Court may, on the application of a union, a Labour Inspector, or 1 or more other persons, by order declare whether the person or persons named in the application are

(a) employees under this Act; or

(b) employees or workers within the meaning of any of the Acts specified in section 223(1).

(6) The Court must not make an order under subsection (5) in relation to a person unless

(a) the person

(i) is the applicant; or

(ii) has consented in writing to another person applying for the order; and

(b) the other person who is alleged to be the employer of the person is a party to the application or has an opportunity to be heard on the application.

Alphabetical index to entire website ERA Home Page ERA Act Contents Back to top

More on Employee Contractor Relationships

  Section 6 of Employment Relations Act - employee definition
  Difference between employee and self employed contractor - Labour Dept
  ERA classifies contractor as employee
  Early decision from the Employment Court
  Contractors not entitled to the minimum wage
End of Part 2

  Table Of Contents   Part 6 Individual Employees   Schedule 1 Essential Services
  Part 1 Key Provisions   Part 7 Education Leave   Schedule 2 Employment Authority
  Part 2 Preliminary Provisions   Part 8 Strikes And Lockouts   Schedule 3 Employment Court
  Part 3 Freedom Of Association   Part 9 Disputes And Enforcement   Schedule 4 Changes to Police Act
  Part 4 Operation Of Unions   Part 10 Institutions   Schedule 5 Enactments Amended
  Part 5 Collective Bargaining   Part 11 General Provisions   Schedule 6 Enactments Repealed
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Updated: 9th December 2008
Published: 27th August 2000
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