Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth)

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 No. 42, 2012 An Act to amend the Building and Construction Industry Improvement Act 2005, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Building and Construction Industry Improvement Act 2005 Schedule 2—Transitional and consequential provisions Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 No. 42, 2012 An Act to amend the Building and Construction Industry Improvement Act 2005, and for related purposes [Assented to 15 April 2012] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 15 April 2012 2. Schedule 1 A day or days to be fixed by Proclamation. 1 June 2012 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2012L01107) 3. Schedule 2 The day this Act receives the Royal Assent. 15 April 2012 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Building and Construction Industry Improvement Act 2005 1 Section 1 Omit "Building and Construction Industry Improvement Act 2005", substitute "Fair Work (Building Industry) Act 2012". Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901). 2 Section 3 Repeal the section, substitute: 3 Object of this Act The object of this Act is to provide a balanced framework for cooperative, productive and harmonious workplace relations in the building industry by: (a) ensuring compliance with workplace relations laws by all building industry participants; and (b) providing information, advice and assistance to all building industry participants about their rights and obligations; and (c) providing an effective means of enforcing those rights and obligations; and (d) providing appropriate safeguards on the use of enforcement and investigative powers; and (e) improving the level of occupational health and safety in the building industry. 3 Subsection 4(1) Insert: AAT presidential member means a person who is a presidential member of the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975. 4 Subsection 4(1) (definition of ABC Commissioner) Repeal the definition. 5 Subsection 4(1) (definition of ABC Inspector) Repeal the definition. 6 Subsection 4(1) Insert: Advisory Board means the Fair Work Building Industry Inspectorate Advisory Board referred to in section 23. 7 Subsection 4(1) (definition of AIRC) Repeal the definition. 8 Subsection 4(1) (definition of bargaining representative) Repeal the definition. 9 Subsection 4(1) (definition of building enterprise agreement) Repeal the definition. 10 Subsection 4(1) Insert: building matter has the meaning given by subsection 59C(3). 11 Subsection 4(1) (definition of civil penalty provision) Repeal the definition. 12 Subsection 4(1) (definition of collective agreement) Repeal the definition. 13 Subsection 4(1) (definition of Commissioner) Repeal the definition. 14 Subsection 4(1) (definition of Commonwealth authority) Repeal the definition. 15 Subsection 4(1) (paragraph (d) of the definition of Commonwealth industrial instrument) Omit "AIRC", substitute "Australian Industrial Relations Commission". 16 Subsection 4(1) Insert: Commonwealth Ombudsman means the person for the time being holding office as Ombudsman under the Ombudsman Act 1976. 17 Subsection 4(1) (definition of Deputy ABC Commissioner) Repeal the definition. 18 Subsection 4(1) (paragraph (a) of the definition of designated building law) Omit "this Act,". 19 Subsection 4(1) Insert: Director means the Director of the Fair Work Building Industry Inspectorate referred to in section 9. 20 Subsection 4(1) (definition of eligible condition) Repeal the definition. 21 Subsection 4(1) (definition of employee organisation) Repeal the definition. 22 Subsection 4(1) (definition of enterprise agreement) Repeal the definition. 23 Subsection 4(1) Insert: examination has the meaning given by subsection 51(1). 24 Subsection 4(1) Insert: examination notice means an examination notice issued under Division 3 of Part 1 of Chapter 7. 25 Subsection 4(1) Insert: Fair Work Building Industry Inspector means: (a) the Director; or (b) a person appointed as a Fair Work Building Industry Inspector under section 59. 26 Subsection 4(1) Insert: Fair Work Inspector has the same meaning as in the FW Act. 27 Subsection 4(1) Insert: Fair Work Ombudsman has the same meaning as in the FW Act. 28 Subsection 4(1) (definition of full‑time Commissioner) Repeal the definition. 29 Subsection 4(1) (definition of Grade A civil penalty provision) Repeal the definition. 30 Subsection 4(1) (definition of Grade B civil penalty provision) Repeal the definition. 31 Subsection 4(1) Insert: Independent Assessor means the Independent Assessor—Special Building Industry Powers referred to in section 36B. 32 Subsection 4(1) (definition of industrial body) Repeal the definition. 33 Subsection 4(1) (definition of industrial instrument) Repeal the definition. 34 Subsection 4(1) (definition of industrial law) Repeal the definition. 35 Subsection 4(1) Insert: inspector means a Fair Work Building Industry Inspector. 36 Subsection 4(1) Insert: investigation means an investigation to which Part 1 of Chapter 7 applies. 37 Subsection 4(1) Insert: lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory. 38 Subsection 4(1) Insert: nominated AAT presidential member means an AAT presidential member in respect of whom a nomination is in force under section 44 to issue examination notices under Division 3 of Part 1 of Chapter 7. 39 Subsection 4(1) Insert: Office means the Office of the Fair Work Building Industry Inspectorate referred to in section 26J. 40 Subsection 4(1) (definition of part‑time Commissioner) Repeal the definition. 41 Subsection 4(1) (definition of penalty unit) Repeal the definition. 42 Subsection 4(1) (definition of protected industrial action) Repeal the definition. 43 Subsection 4(1) Insert: safety net contractual entitlement has the same meaning as in the FW Act. 44 Subsection 4(1) Insert: this Act includes the regulations. 45 Subsection 4(1) (definition of transitional award) Omit "meaning given by the Workplace Relations Act", substitute "same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009". 46 Subsection 4(1) (definition of unlawful industrial action) Repeal the definition. 47 Subsection 4(1) (definition of Workplace Relations Act) Repeal the definition. 48 Subparagraph 5(1)(d)(iv) Repeal the subparagraph, substitute: (iv) the on‑site prefabrication of made‑to‑order components to form part of any building, structure or works; 49 Chapter 2 Repeal the Chapter, substitute: Chapter 2—Fair Work Building Industry Inspectorate Part 1—Director 9 Establishment There is to be a Director of the Fair Work Building Industry Inspectorate. 10 Functions The Director has the following functions: (a) to promote: (i) harmonious, productive and cooperative workplace relations in the building industry; and (ii) compliance with designated building laws and the Building Code by building industry participants; including by providing education, assistance and advice to building industry participants; (b) to monitor compliance with designated building laws and the Building Code by building industry participants; (c) to inquire into, and investigate, any act or practice by a building industry participant that may be contrary to a designated building law, a safety net contractual entitlement or the Building Code; (d) to commence proceedings in a court, or to make applications to FWA, to enforce designated building laws and safety net contractual entitlements as they relate to building industry participants; (e) to refer matters to relevant authorities; (f) to represent building industry participants who are, or may become, a party to proceedings in a court, or a party to a matter before FWA, under a designated building law, if the Director considers that representing the building industry participants will promote compliance with designated building laws; (g) to disseminate information about designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants; (h) to make submissions and provide information to the Independent Assessor in accordance with this Act; (i) any other functions conferred on the Director by any Act. Note: The Director also has the functions of an inspector (see section 59A). 11 Minister's directions (1) The Minister may, by legislative instrument, give directions to the Director about: (a) the policies, programs and priorities of the Director; and (b) the manner in which the Director is to perform the functions or exercise the powers of the Director. (2) The Minister must not give a direction under subsection (1) about a particular case. (3) The Director must comply with a direction under subsection (1). (4) Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a direction under subsection (1) of this section. 12 Minister may require reports (1) The Minister may, in writing, direct the Director to give the Minister specified reports relating to the Director's functions and powers. Note: See also section 66, which restricts the disclosure of personal information in a report. (2) The Director must comply with the direction. (3) A direction under subsection (1) is not a legislative instrument. 13 Delegation by the Director General power to delegate (1) Subject to subsections (2) and (3), the Director may, in writing, delegate all or any of the Director's functions or powers under any Act to: (a) a member of staff referred to in subsection 26K(1); or (b) an inspector. Functions and powers that must not be delegated (2) The Director must not delegate his or her functions or powers: (a) as an inspector; or (b) under section 45 (which deals with applying for an examination notice); or (c) under subsection 50(3) or (4) (which deal with varying the time for compliance with an examination notice). Functions and powers that may only be delegated to SES employees (3) The Director must not delegate his or her functions or powers under the following provisions to anyone other than a member of staff referred to in subsection 26K(1) who is an SES employee: (a) subsection 51(2) (which deals with conducting an examination); (b) subsection 51(4) (which deals with administering an oath or affirmation at an examination). Delegate subject to direction (4) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Director. Details of delegation must be published (5) As soon as practicable after delegating any function or power under this section, the Director must publish details of the delegation. Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. 14 Annual report (1) The Director must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the performance of the Director's functions and the exercise of the Director's powers during that year. Note 1: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports. Note 2: See also section 66 of this Act, which restricts the disclosure of personal information in a report. (2) The report must include: (a) details of directions given by the Minister during the financial year under section 11 or 12; and (b) details of delegations by the Director under section 13 during the financial year; and (c) details of recommendations made to the Director by the Advisory Board during the financial year. 15 Appointment (1) The Director is to be appointed by the Minister by written instrument. (2) The appointment is to be on a full‑time basis. (3) The Minister must not appoint a person as the Director unless the Minister is satisfied that the person: (a) has suitable qualifications or experience; and (b) is of good character. (4) The Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (5) The Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 16 Acting appointments The Minister may, by written instrument, appoint a person to act as the Director: (a) during a vacancy in the office of Director (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Director: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 17 Remuneration (1) The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is prescribed by the regulations. (2) The Director is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 18 Leave of absence (1) The Director has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 19 Engaging in other paid employment The Director must not engage in paid employment outside the duties of his or her office without the Minister's approval. 20 Disclosure of interests The Director must give written notice to the Minister of all material personal interests that the Director has or acquires and that conflict or could conflict with the proper performance of the Director's functions. 21 Resignation (1) The Director may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 22 Termination (1) The Minister may terminate the appointment of the Director for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of the Director if: (a) the Director: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Director engages, except with the Minister's approval, in paid employment outside the duties of his or her office (see section 19); or (d) the Director fails, without reasonable excuse, to comply with section 20. Part 2—Fair Work Building Industry Inspectorate Advisory Board 23 Establishment The Fair Work Building Industry Inspectorate Advisory Board is established by this section. 24 Role The Advisory Board is to make recommendations to the Director about: (a) policies to guide the performance of the Director's functions and the exercise of the Director's powers; and (b) the priorities of, and the programs to be implemented by, the Director; and (c) any matter that the Minister requests the Advisory Board to consider. 25 Membership The Advisory Board consists of the following members: (a) the Director; (b) the Fair Work Ombudsman; (c) one member who has experience or background in employee representation in the building industry; (d) one member who has experience or background in employer representation in the building industry; (e) no more than 3 other members. 26 Appointment of members (1) A member of the Advisory Board (other than the Director or the Fair Work Ombudsman) is to be appointed by the Minister by written instrument. Note: A member of the Advisory Board is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901). (2) The Minister must not appoint a person as a member unless the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following fields: (a) workplace relations; (b) law; (c) business, industry or commerce. (3) A member appointed by the Minister holds office on a part‑time basis. (4) A member appointed by the Minister holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. 26A Chair (1) The Minister must appoint a member (other than the Director or the Fair Work Ombudsman) to be the Chair of the Advisory Board. (2) The Minister may, by written instrument, appoint a member (other than the Director or the Fair Work Ombudsman) to act as the Chair: (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: See sections 20 and 33A of the Acts Interpretation Act 1901. 26B Remuneration of members (1) A member appointed by the Minister is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. (2) A member appointed by the Minister is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 26C Leave of members (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines. (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines. (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months. 26D Resignation of members (1) A member appointed by the Minister may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 26E Termination of appointment (1) The Minister may terminate the appointment of a member (other than the Director or the Fair Work Ombudsman) for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a member (other than the Director or the Fair Work Ombudsman) if: (a) the member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board. 26F Other terms and conditions A member (other than the Director or the Fair Work Ombudsman) holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 26G Meetings (1) The Chair must convene: (a) such meetings of the Advisory Board as are, in his or her opinion, necessary for the performance of its role; and (b) at least 2 meetings of the Advisory Board in each financial year; and (c) such meetings of the Advisory Board as are requested by the Director. (2) The quorum for a meeting is the Chair, the Director and the Fair Work Ombudsman. (3) A question arising at a meeting of the Advisory Board is to be decided by a majority of the votes of the members present and voting. (4) The Chair must preside at all meetings. (5) At a meeting, the Chair has a deliberative vote and, in the event of an equality of votes, has a casting vote. 26H Decisions without meetings (1) The Advisory Board is taken to have made a decision at a meeting if: (a) without meeting, a majority of the members indicate agreement with the decision; and (b) that agreement is indicated in accordance with the method determined by the Advisory Board under subsection (2); and (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. (2) Subsection (1) applies only if the Advisory Board: (a) has determined that it may make decisions of that kind without meeting; and (b) has determined the method by which members are to indicate agreement with proposed decisions. (3) The Advisory Board must keep a record of decisions made in accordance with this section. Part 3—Office of the Fair Work Building Industry Inspectorate 26J Office of the Fair Work Building Industry Inspectorate The Office of the Fair Work Building Industry Inspectorate is established by this section. 26K Staff (1) The staff of the Office are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Director and the staff of the Office together constitute a Statutory Agency; and (b) the Director is the Head of that Statutory Agency. 26L Persons assisting the Director The Director may also be assisted: (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers and employees of a State or Territory; or (c) by officers and employees of authorities of the Commonwealth, a State or a Territory; whose services are made available to the Director in connection with the performance of any of his or her functions. Note: For example, State or Territory employees could be made available to assist the Director in providing education in a particular region. 26M Consultants The Director may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Director. The terms and conditions of the engagement of a person are such as are determined by the Director in writing. Note: See also section 71 of the Public Service Act 1999, which makes provision for State employees to perform services in an Agency (as defined in that Act). 50 Section 28 Repeal the section. 51 Chapters 5 and 6 Repeal the Chapters. 52 Part 1 of Chapter 7 Repeal the Part, substitute: Part 1—Powers to obtain information etc. Division 1—Preliminary 36 Definitions Building project (1) For the purposes of this Part, a building project is a project that consists of, or includes, building work. Interested person (2) For the purposes of this Part, each of the following is an interested person in relation to a building project: (a) the Minister; (b) a person prescribed by the regulations for the purposes of this paragraph. 36A Application of this Part General (1) This Part applies to an investigation by the Director into a suspected contravention, by a building industry participant, of a designated building law or a safety net contractual entitlement. Limitation on Director's powers (2) However, the Director may exercise powers under this Part in relation to a suspected contravention by a building industry participant of a safety net contractual entitlement only if the Director reasonably believes that the building industry participant has contravened a provision or term referred to in subsection 706(2) of the FW Act. Division 2—Role of the Independent Assessor Subdivision A—Establishment and appointment etc. of the Independent Assessor 36B Establishment There is to be an Independent Assessor—Special Building Industry Powers. 36C Functions and powers The Independent Assessor has the functions and powers conferred on him or her by or under this Act. 36D Minister may require reports (1) The Minister may, in writing, direct the Independent Assessor to give the Minister specified reports relating to the Independent Assessor's functions and powers. (2) The Independent Assessor must comply with the direction. (3) A direction under subsection (1) is not a legislative instrument. 37 Appointment (1) The Independent Assessor is to be appointed by the Governor‑General by written instrument. (2) The appointment is to be on a part‑time basis. (3) Before the Governor‑General appoints a person as the Independent Assessor, the Minister must be satisfied that the person: (a) has suitable qualifications or experience; and (b) is of good character. (4) The Independent Assessor holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (5) The Independent Assessor holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General. 37A Acting appointments The Minister may, by written instrument, appoint a person to act as the Independent Assessor: (a) during a vacancy in the office of Independent Assessor (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Independent Assessor: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 37B Remuneration (1) The Independent Assessor is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Independent Assessor is to be paid the remuneration that is prescribed by the regulations. (2) The Independent Assessor is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 37C Leave of absence The Minister may grant the Independent Assessor leave of absence on the terms and conditions that the Minister determines. 37D Engaging in other paid employment The Independent Assessor must not engage in any paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of the Independent Assessor's functions. 37E Disclosure of interests The Independent Assessor must give written notice to the Minister of all material personal interests that the Independent Assessor has or acquires and that conflict or could conflict with the proper performance of the Independent Assessor's functions. 37F Resignation (1) The Independent Assessor may resign his or her appointment by giving the Governor‑General a written resignation. (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. 37G Termination (1) The Governor‑General may terminate the appointment of the Independent Assessor for misbehaviour or physical or mental incapacity. (2) The Governor‑General must terminate the appointment of the Independent Assessor if: (a) the Independent Assessor: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Independent Assessor is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Independent Assessor engages in paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her functions (see section 37D); or (d) the Independent Assessor fails, without reasonable excuse, to comply with section 37E. Subdivision B—Determinations by Independent Assessor 38 Application of this Subdivision This Subdivision applies in relation to a building project if the building work that the project consists of, or includes, begins on or after the commencement of this Subdivision. 39 Independent Assessor may determine that powers to obtain information do not apply in relation to particular building project (1) The Independent Assessor may, in accordance with this Subdivision, make a written determination that section 45 does not apply in relation to one or more building projects. Note 1: Section 45 provides for the Director to make an application to a nominated AAT presidential member for the issue of an examination notice in relation to a person in respect of an investigation. Note 2: A determination can be varied or revoked on application by an interested person (see subsection 33(3) of the Acts Interpretation Act 1901) or on request by the Director (see section 43 of this Act). (2) The Independent Assessor may make a determination under subsection (1) in relation to a building project only on application under section 40 by an interested person in relation to the building project. (3) The Independent Assessor must not make a determination under subsection (1) in relation to a particular building project unless the Independent Assessor is satisfied, in relation to that building project, that: (a) it would be appropriate to make the determination, having regard to: (i) the object of this Act; and (ii) any matters prescribed by the regulations; and (b) it would not be contrary to the public interest to make the determination. (4) A determination under subsection (1) is n