[EMP 21,345] Interpretation3
- Act
means the Employment Relations Act 2007;
- casual worker
means a worker whose terms of engagement provide for the worker’s payment at the end of each day’s work and who is not re-engaged within the 24 hour period immediately following the payment;
- general
means activities not solely connected with any department or section;
- LMCCC
means the Labour Management Consultation and Cooperation Committee;
- other worker
means a person engaged to perform tasks not described;
- overtime
means work performed in excess of the normal hours on a normal working day and all work performed on days other than a normal working day;
- plant equipment operator
means a person with the necessary skill engaged to take charge of and/or operate with assistance, any plant or equipment either mobile or stationary including any stationary steam boiler and prime mover or any stationary electrical generating plant producing electricity at 110 volts or more whose duties would include responsibility for the correct, efficient and safe operation of the plant under his or her control, its proper care and maintenance and the keeping of safe records as required by the employer;
- public holiday
means any of the days specified in section 64 of the Act and any day appointed by notification in the Gazette under section 66 of the Act;
- rostered day-off
means that day of each week on which a worker is entitled under the terms of his or her contract to be absent from his or her duty;
- temporary worker
means any worker whose terms of engagement does not exceed 3 months on a continuous basis and is paid weekly;
- watchman
means a worker who is employed wholly or mainly on the watching or guarding of premises or stock;
- week
means a period of 7 consecutive days; and
- worker
means a worker to whom these Regulations apply.
- (a)field work
For the purpose of this paragraph and the Schedule—
- logging
means the activities carried out normally in a forest in the course of procuring, preparing and removing logs, poles and other forest produce from the places where they have been grown to a point where they are marshalled for shipping by sea or for conversion to products of various kinds in plants or factories;
- logging crew hand
means a person with the necessary skill engaged to perform various tasks, other than operate mobile plant, directly connected with the felling of trees for the production of logs etc and preparation, extraction and transport of logs, poles or the like, in the forest;
- log truck driver
means a suitably skilled person in possession of appropriate driving licence, engaged to drive truck and trailer combinations specifically designed for the carriage of logs or poles and whose duties include responsibility for the efficient and safe operation and the correct loading and discharge of the vehicles, their proper care and maintenance and the keeping of simple records as required by the employer;
- mobile plant and equipment
means a plant which is self-propelled or towed and performs its functions while moving on wheel or tracks;
- mobile plant and equipment operator
means a person with the necessary skill engaged to operate mobile plant connected with the extraction and transport of logs, poles and the like in the forest whose duties include the responsibility for the correct, efficient and safe operation of the machine, its proper care and maintenance and the keeping of simple records as required by the employer;
- other worker
means any person engaged to perform tasks associated with logging operators; and
- truck driver
means a skilled person engaged to drive a truck, the carrying capacity of which is over 5,100kg used for carrying logs or poles or the like.
- (b)road construction work
For the purpose of this paragraph and the Schedule—
- mobile plant and equipment
means a plant, which is self-propelled, carried or towed and performs its functions while moving on wheels or tracks while carried;
- mobile equipment and plant operator
means a person with the necessary skill engaged to operate mobile plant used primarily for the construction and maintenance of roads and whose duties include responsibility for correct, efficient and safe operation of the machine, its proper care and maintenance and the keeping of simple records as required by the employer;
- other worker
means any person engaged to perform tasks associated with the construction or maintenance of roads, which are described above;
- road construction work
means the activities carried on in the course of constructing, repairing and maintaining access roads, usually of a standard suitable for the passage of heavy trucks and similar vehicles used primarily to facilitate the movement of goods of any description required in the course of removing and the manufacture of any forest produce; and
- truck driver
means a suitably skilled person in possession of the appropriate driving licence engaged to drive trucks of any size over 5,100 kg carrying capacity used for the carriage of goods or gravel, stone, soil, clay, sand or the like whose duties include responsibility for the efficient and safe operation and the correct loading and discharge of the vehicle, its proper care and maintenance and the keeping of simple records as required by the employer.
- (c)quarry and gravel pit work
For the purpose of this paragraph and the Schedule—
- gravel pit
means an area or situation where gravel, sand, stone or similar materials is extracted or crushed and or screened and otherwise processed or prepared;
- mobile plant and equipment
means a plant, which is self-propelled, carried or towed and performs its functions while moving on wheels or tracks while carried;
- mobile equipment and plant operator
means a person with the necessary skill engaged to operate mobile plant used primarily in connection with the extraction, handling and transport of gravel, sand, stone, soil, clay or whose duties include responsibility for the correct, efficient and safe operation of the machine, its proper care and maintenance and the keeping of simple records as required by the employer;
- other worker
means any person engaged to perform tasks associated with the operation or quarry or gravel pit, which is not described above;
- quarry
means an area or situation where rock of similar material is quarried or crushed and/or screened and otherwise processed or prepared;
- spaller
means a person with the necessary skill engaged to manually break stone;
- stationary plant
means plant used in, or in connection with a quarry or gravel pit and which is either fixed or mounted on wheels but which is not self-propelled and which performs its function while stationary and includes, portable or hand tools which are operated while connected to the stationary plant with hoses, cable or the like; and
- stationary plant operator
means a person with the necessary skill engaged to operate mobile plant used primarily in connection with the extraction, transport, crushing, grading or screening of gravel, sand, stone or broken stone, soil, clay or whose duties include responsibility for the correct, efficient and safe operation of the machine, its proper care and maintenance and the keeping of simple records as required by the employer.
- (d)sawmill log yard work
For the purpose of this paragraph and the Schedule—
- log yard
means any area or situation used primarily for the receipt, storage, sorting and preparation of logs immediately before their entry to a sawmill;
- other worker
means any person engaged to perform tasks in a log yard, sawmill or sawshop, which are not described;
- saw doctor
means any person who has usually served as an apprentice in the maintenance and proper storage of woodcutting saws and who is competent in carrying out all aspects of the operation, repair and maintenance of woodcutting saw blades;
- sawmill
means any number of combinations of inter-related machines housed in one building which are used to convert logs to cants, flitches, slabs, scantling boards and the like by means of sawing them either lengthwise
or crosswise and any system or conveyors used to move logs or timber to, from, round or between any of these machines but exclude any conveyors, trolleys, lines and skids used primarily for the dripping in liquid or sorting of sawn timber emerging from the sawmill;
- sawmill hands
means a person with the necessary skill engaged to perform various tasks (other than the operation of sawmill plant or assisting in the operation of saws used primarily to saw logs, cants, flitches, slabs or lengthwise) directly connected with the handling, movement or conversion of logs, cants, flitches, slabs, scantling, boards or within the log yard or sawmill;
- sawmill plant and equipment operator
means a person with the necessary skill engaged to—
- (a)operate any plant (other than saws used primarily to saw logs, cants, flitches, slabs or the like lengthwise and/or portable or hand tools) used in a sawmill or for handling logs in a log yard;
- (b)assist in operating any saw used primarily to saw logs, cants, flitches, slabs or the like lengthwise under the direction of a sawyer;
- sawshop
means a room, building or area where woodcutting saw blades or chains are repaired or maintained and which contains the necessary tools and equipment for that purpose;
- sawshop hand
means a person with the necessary skill engaged to perform various tasks directly connected with the repair and maintenance of woodcutting saw blades or chains under the direction of a qualified sawdoctor in the sawshop or sawmill;
- sawyer
means a person with the necessary skill engaged to take charge of and operate and/or operate with assistance, any machine in a sawmill primarily used to saw logs, cants, flitches, slabs, or the like lengthwise in the course of producing sawn timber;
The skill required of a sawyer include—
- (i)the ability to safely and efficiently operate the machine under his or her control and to give it proper care and maintenance;
- (ii)a sound practical knowledge of the methods used for the most efficient production of sawn timber;
- (iii)the ability to assess the quality of sawn timber and to determine the best method of sawing logs, cants, flitches, slabs or the like to achieve the optimum, recovery possible for them in sawn timber, having regard to quality, sizes, lengths etc required;
- (iv)the ability to instruct and direct his or her assistants in the functions required of them to operate the machine.
- (e)timber yard operations
For the purpose of this paragraph and the Schedule—
- mobile plant and equipment
means plant or equipment which is self-propelled or towed and performs its functions while moving on wheels or tracks or while carried;
- mobile plant and equipment operator
means a person with the necessary skill engaged to operate mobile plant and equipment used for the movement or handling of sawn timber in a timber yard and whose duties include responsibility for the correct, efficient and safe operation of the machine, its proper care and maintenance and keeping of simple records as required by the employer;
- other worker
means any person engaged to perform any tasks in or about a timber yard which are not described;
- skill
means the ability to accurately determine and record the measurement of sawn timber in the recognised unit of measurement at a speed normally required in the industry, the ability to accurately determine the quality of sawn timber in accordance with the recognised grading rules at a speed normally required in the industry, a sound practical knowledge of the methods used to sort, handle and package sawn timber;
- tallyman
means a person with the necessary skill engaged to measure and/or grade sawn timber in a timber yard;
- timber yard
means an area or situation in which sorting, grading, tallying, storage, air-drying, packaging, marking or the preparation for sale or distribution of sawn timber is carried out;
- timber yard man
means a person with the necessary skill engaged to perform various tasks, other than tallyman or mobile plant or equipment operator, directly connected with the sorting, grading, tallying, handling, moving, packaging or marking of sawn timber in a timber yard.
- (f)planer mill operations
For the purpose of this paragraph and the Schedule—
- machinist
means a person with the necessary skill engaged to take charge of and/or operate with the assistance, maintenance of any machine in a planer mill used primarily to plane, gauge or mould sawn timber lengthwise;
- other worker
means a person engaged to perform tasks in or adjacent to planer mill, which are not described;
- planer mill hand
means a person with the necessary skill engaged to perform tasks in a planer mill, other than that of a machinist, directly connected with the movement or handling of sawn, slashed and dressed timber;
- skill
means the ability to safely and efficiently operate the machine under his or her control and to give it proper care and maintenance, the ability to set up the machine under his or her control and to prepare, sharpen the knives or cutting tools
used on it, the ability to assess the quality of sawn timber and to determine the best method of machining it and the ability to measure sawn timber and keep simple records as required by the employer.
- (g)Boron treatment plant operations
For the purpose of this paragraph and the Schedule—
- other worker
means a person engaged to perform tasks in or adjacent to a pressure treatment plant, which are not described;
- pressure treatment plant
means a building or area containing plant and equipment designed to impregnate timber with preservative chemicals by use of pressure;
- treatment plant hand
means a person engaged to perform tasks, other than treatment plant operator, directly connected with the handling, treating or movement of timber in or adjacent to the pressure treatment plant;
- treatment plant operator
means a person with the necessary skill engaged to take charge of the plant and with responsibility for the control of the treating process which includes the safe and efficient operation of the plant, the mixing of chemicals, the keeping of records, the preparation of timber for treatment and the loading and discharge of the plant.
- (h)pressure treatment plant operations
For the purpose of this paragraph and the Schedule—
- other worker
means a person engaged to perform tasks in or adjacent to a pressure treatment plant which are not described;
- pressure treatment plant
means a building or area containing plant and equipment designed to impregnate timber with preservative chemicals by use of pressure;
- treatment plant hand
means a person engaged to perform tasks, other than treatment plant operator, directly connected with the handling, treating or movement of timber in or adjacent to the pressure treatment plant;
- treatment plant operator
means a person with the necessary skill engaged to take charge of the plant and with responsibility for the control of the treating process which includes the safe and efficient operation of the plant, the mixing of chemicals, the keeping of records, the preparation of timber for treatment and the loading and discharge of the plant.
- (i)Kiln-Drying operations
For the purpose of this paragraph and the Schedule—
- assistant kiln operator
means a person engaged to perform tasks, other than kiln operator directly connected with the handling, drying, checking and movement of timber in or adjacent to the kiln drying plant;
- kiln drying plant
means a building or area containing plant and equipment designed to speed up drying of timber by the use of regulated high temperature generated from steam and force air flow provided by special kiln fans;
- kiln operator
means a person with the necessary skill engaged to take charge of the kiln drying plant with the responsibility of the kiln drying process which includes the safe and efficient operation of the kiln, the preparation, loading and unloading of the kiln charge, the tracking of the kiln drying process and proper keeping of the kiln charge records;
- other worker
means a person engaged to perform tasks in or adjacent to a kiln drying plant which are not described.
- (j)veneer/lathe and plywood operations
For the purpose of this paragraph and the Schedule—
- plant and equipment operator
means a person with the necessary skills to take charge and operate any machine, hot-press or lathe used in the veneer mill;
- assistant operator
means a person with the necessary skills to perform tasks other than operating machine, hot-press or lathe directly connected to works carried out in the veneer mill;
- other worker
means a person engaged to perform tasks in the veneer mill which are not described.
- (k)chip mill operations
For the purpose of this paragraph and the Schedule—
- chip mill operator
means a person with the necessary skills to take charge and operate the de-barker and chipper machines;
- chipper hands
means a person with the necessary skills to assist chip mill operators performing tasks such as in-feed and out-feed attendants to conveyor and chip pile attendants ensuring that foreign material or logs below specifications do not enter the chipper to spreading of logs on conveyor avoiding jamming to ensuring chips are piled in accordance with the Occupational Health and Safety regulations etc; and
- other worker
means a person engaged to perform tasks in the chip mill which are not described.
The Laws of Fiji