AP789529CRV - Metal, Engineering and Associated Industries Award 1998
11.1 If on 1 January 1977, an employer bound by this Part of the award held an exemption extending to employees who would otherwise be covered by this Part of the award from the provisions of a State Act of any State other than South Australia relating to long service leave, such employer shall be exempt from the provisions of this Part of the award in relation to those employees while such exemption remains in force, or until the Commission otherwise orders.
11.2 Subject to 11.6, this Part of the award shall not apply to an employer in Victoria who is engaged in the Construction Industry as defined by the Victorian Construction Industry Long Service Leave Act 1983 to the extent of which employees who, but for this Part of the award, would be subject to the provisions of the said Act.
11.3 Subject to 11.6, this Part of the award shall not apply to an employer in South Australia who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed under the National Metal and Engineering On-Site Construction Industry Award 1989 and eligible under the Construction Industry Long Service Leave Act 1987.
11.4 Subject to 11.6 hereof, this Part of the award shall not apply to an employer in New South Wales who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed at any time on or after 1 July 1990 under the National Metal and Engineering On-Site Construction Industry Award 1989, and registered under the New South Wales Building and Construction Industry Long Service Payments Act 1986.
11.5 Subject to 11.6 hereof, this Part of the award shall not apply to an employer in Queensland who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed under the National Metal and Engineering On-Site Construction Industry Award 1989 at any time on or after 1 July 1992 and registered under the Queensland Building and Construction Industry Portable Long Service Leave Act 1991.
11.6 Provided that during any period which an employee is employed under an unbroken contract of employment any service which the employee may give under the said Act shall not be deemed to break the contract of employment for the purposes of this Part of the award.
11.7 Agricultural Implement Making
11.7.1 This Part of the award shall not apply to an employer in South Australia or Victoria who is a member of an employer organisation listed in paragraph 11.7.2 and involved in the manufacture, assembly, repairing, replacing of agricultural implements, machinery and appliances (as defined in paragraph 11.7.3) and Parts or components thereof.
11.7.2 Engineering Employers Association of South Australia
Metal Trades Industry Association of Australia
Australian Chamber of Manufactures
11.7.3 “Agricultural implements, machinery and appliances” means farming or pastoral equipment such as harvesters, headers, windmills for the purpose of pumping river or subterranean water, ploughs, harrows, discs, seeders, top-dressers, mowing equipment, mobile irrigation equipment, fruit and vegetable harvestings and sorting equipment and such other equipment as is used mainly or solely in the agricultural and or pastoral industry.
