Last Updated: 1 December 2016

[SUI 2] Interpretation2 

2
(1) In this Act, unless the context otherwise requires—
award

includes an award, order, finding or other decision of the Tribunal, other than the Master Award and any order under section 69(1) amending the Master Award;

cane

means sugar cane;

certificate of registration

means a certificate of registration issued under section 74;

collective agreement

has the meaning assigned to it by section 86(1);

date of registration

means, in relation to a registered grower, the date on which he or she was registered in the Register of Growers;

district

means a district of a mill area as defined under section 27;

employee

means a person who is employed in the industry under a contract (whether the contract is written or oral, express or implied), being a contract of service or apprenticeship or a contract personally to execute any work;

employer

means a person by whom an employee is, or, in a case where the employment has ceased, was employed;

executive committee

means, in relation to any organisation of employers or employees, the body to which the management of the affairs of the organisation is entrusted by the members of the organisation;

farm

means, in relation to any person, the subdivision used or intended to be used by him or her for the cultivation of cane;

farm basic allotment

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

farm harvest quota

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

grower

means a person who cultivates cane for sale;

industrial action

has the meaning assigned to it by section 97;

industrial dispute

has the meaning assigned to it by section 102;

lock-out

has the meaning assigned to it by the definition of “industrial action” in section 97(1)(b);

mill

means the mill used by the Corporation for the manufacture of sugar from cane produced in a mill area;

mill area

means a mill area as defined under section 27;

Mill Area Committee

means a Mill Area Committee constituted under section 56;

mill basic allotment of cane

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

mill harvest quota of cane

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

molasses

means a solution of sugar and other carbohydrates and mineral salts in water and in the context of the sugar industry is the end product of the sugar manufacturing process from which no more sugar can be economically crystallised by conventional methods;

national basic allotment of cane

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

national harvest quota of cane and national harvest quota of sugar

[def rep Decree 27 of 1988 Sch, effective 11 May 1988]

officer

in relation to the Corporation includes a director, manager or secretary;

organisation of employees

means a trade union or any association of employees which is not a trade union and which is registered as an industrial association under the Industrial Associations Act 1941;

organisation of employers

means an association of employers which is registered as an industrial association under the Industrial Associations Act 1941;

president

means, in relation to a recognised trade union, the person carrying out the functions of president of the union;

procedure agreement

has the meaning assigned to it by section 86(2);

recognised trade union

means a trade union entitled to recognition by the Corporation, or any other employer or any organisation of employers, under Part 14 of the Employment Relations Act 2007;

[def am Act 31 of 2016 s 205, effective 1 December 2016]

Register of Growers

means the register required to be kept under section 72(1);

registered

means registered in the Register of Growers (except in relation to a collective agreement or an award);

registered grower

means a grower who is registered;

Registrar of the Tribunal

means the Registrar of the Tribunal appointed under section 20;

relevant date

[def rep Decree 28 of 1988 Sch 2, effective 11 May 1988]

representative member

means, in relation to a Mill Area Committee, a member referred to in section 57(1)(c), (d), (e), (f) or (g);

secondary industrial action

has the meaning assigned to it by section 97;

sector

means a sector of a district as defined under section 27;

successor

, in relation to the employer of an employee, means a person who, in consequence of a change occurring (whether by virtue of a sale or other disposition, or by operation of law) in the ownership of the undertaking or of part of the undertaking for the purposes of which the employee was employed, has become the owner of that undertaking or of that part of it, as the case may be;

sugar

means sugar in any of its recognised commercial forms, except the product sold as final molasses;

the Accountant of the Tribunal

means the Accountant of the Tribunal appointed under section 21;

the Act of 1961

[def rep Decree 28 of 1988 Sch 2, effective 11 May 1988]

the appointed day

[def rep Decree 28 of 1988 Sch 2, effective 11 May 1988]

the Board of Directors of the Council and the Board

[def rep Act 10 of 2015 s 2, effective 4 September 2015]

the Commission

[def rep Act 10 of 2015 s 2, effective 4 September 2015]

the Corporation

means Fiji Sugar Corporation Limited continued in existence under Fiji Sugar Corporation (Repeal) Act 2005;

[def am Act 31 of 2016 s 205, effective 1 December 2016]

the Council

means the Sugar Cane Growers’ Council established under section 31;

the Independent Chairperson

[def rep Decree 28 of 1988 Sch 2, effective 11 May 1988]

the Industrial Commissioner

means the officer of the Tribunal appointed under section 22;

the industry

means the sugar industry;

the Inquiry

means the public inquiry required to be held under section 66(1) for the purpose of considering objections to a draft of the Master Award;

the institutions of the industry

means the Tribunal, the Council, the Corporation, the Mill Area Committees and the recognised trade unions;

[def am Act 10 of 2015 s 2, effective 4 September 2015]

the Master Award

means the award required to be made by the Tribunal under section 64(1); and any reference to the Master Award shall be taken to include a reference to the Master Award as amended by any order made under section 69(1);

the tribunal

means the Sugar Industry Tribunal established under section 18;

trade union

has the meaning assigned to it by section 185 of the Employment Relations Act 2007; and

[def am Act 31 of 2016 s 205, effective 1 December 2016]

year

means any period of 12 months.

[def subst Decree 27 of 1988 Sch, effective 11 May 1988]

(2) Notwithstanding section 21 of the Interpretation Act 1967, any order made or given by the Tribunal under Parts 4 and 7 may be published in such manner as the Tribunal may direct and shall come into force on the date specified therein.

[subs (2) am Decree 27 of 1988 Sch, effective 11 May 1988]