Last Updated: 1 April 2022

[EMP 25,850] Interpretation3 

3
In this Regulations, unless the context otherwise requires—
Act

means the Employment Relations Act 2007;

birth

means the issue of a child or children, whether alive or dead, and for the purposes of the Act, birth commences and ends on the actual day of birth, and when 2 or more children are born, commences and ends on the day of the last born of such children;

[def insrt LN 83 of 2017 reg 2, effective 30 September 2017]

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;

child

means an individual who has not reached the age of 18 years;

[def insrt LN 83 of 2017 reg 2, effective 30 September 2017]

clerk

means a worker who is employed wholly or mainly in performing one or more of the following classes of work; sorting of incoming mail, preparation of out-going correspondence, filing correspondence or other documents, receiving or interviewing callers, arranging appointments, the attendance of telephones and the receiving and recording of messages by telephone, making entries in books showing receipts to, or payment from petty cash, shorthand writing, typing of correspondence, book keeping, operating of machine equipment for accounting, calculating, addressing, franking, copying and reproducing documents and drawings, preparing stencil, duplication or composing of office correspondence;

conductor

means a person employed by the holder of a public service vehicle licence, to issue tickets and collect money on an omnibus;

day

means—

  • (a)a period of 24 hours beginning and ending at midnight;
  • (b)in the case of a shift worker, a continuous period of 24 hours beginning at the time when a worker commences work;

[def insrt LN 83 of 2017 reg 2, effective 30 September 2017]

fork-lift driver

means a worker who is employed wholly or mainly in driving a forklift vehicle not exceeding 12 tons (13,440kg);

garage serviceman

means a worker who is employed wholly or mainly in performing any task in connection with motor vehicles in one or more of the following classes of work; the changing of oil in an engine or transmission system, lubricating joints, tightening loose parts, making minor adjustments, mending tyres, checking and servicing batteries, water or tyre pressure, fitting and replacing parts and components such as gear boxes, drive shafts, suspension, springs etc and assisting the mechanics, or any other tasks related to the servicing of vehicles other than those carried out by a mechanic repairman;

general worker

means a worker who performs tasks which require no particular skill or who is not otherwise defined in these Regulations;

heavy articulated driver

means a worker who is employed wholly or mainly in driving an articulated vehicle not exceeding 20 tons (22,400 kg) load capacity;

heavy fork-lift driver

means a worker who is employed wholly or mainly in driving a fork-lift vehicle exceeding 12 tons (13,440 kg);

heavy goods vehicle driver

means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle not exceeding 12 tons (13,440 kg) load capacity;

heavy mobile crane driver

means a worker who is employed wholly or mainly in driving a mobile crane with a lifting capacity exceeding 20 tons (22,400 kg);

heavy PSV driver

means a worker who is employed wholly or mainly in collecting of fares and driving passenger vehicle exceeding 60 cwt (3,360 kg) load capacity;

learner

means a worker who has worked in the mechanical section of the industry for less than 3 years;

light goods driver

means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle not exceeding 60 cwt (3,360 kg) or less unladen in weight;

light PSV driver

means a worker who is employed wholly or mainly in driving a passenger vehicle of 60cwt (3,360 kg) load capacity;

mechanic repairman

means a worker other than a garage serviceman who is employed wholly or mainly in the maintenance and repair of vehicles or performing one or more of the following classes of work: examining defective vehicles to ascertain the nature or location of defects, dismantling and/or replacing damaged parts, grinding valves, relining brakes, rebushing steering mechanism, testing vehicles for road worthiness;

mobile crane driver

means a worker who is employed wholly or mainly in driving a mobile crane with a lifting capacity not exceeding 20 tons (22,400 kg);

night

means the interval between 6 o’clock in the evening of any day and 6 o’ clock in the morning of the following day;

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;

provisional period of work

means a worker employed by an employer in a provisional period of service for a period of one month before his or her appointment is confirmed;

public holiday

means any of the days specified in section 64 of the Act or any day appointed by notification under section 66 of that Act;

rostered day off

means the day of each week on which a worker is entitled under the terms of the contract to be absent from duty;

ticket checker

means a worker who is employed wholly or mainly in checking tickets issued to passengers of public service vehicles;

tourist transport operator

means any person or company wholly or mainly engaged in the transportation of tourists;

vehicle

has the same meaning given to it by the Land Transport Act 1998;

very heavy articulated driver

means a worker who is employed wholly or mainly in driving an articulated vehicle exceeding 20 tons (22,400 kg) load capacity;

very heavy goods vehicle driver

means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle exceeding 12 tons (13,440 kg);

watchman

means a worker who is wholly or mainly employed in the watching or guarding of premises or materials;

week

means a period of 7 consecutive days; and

worker

means a worker to whom these Regulations apply.