AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999

4. DEFINITIONS

4.1 Adult apprentice means a person of 21 years of age or over at the time of entering into an indenture or training agreement as provided for in 15.6.

4.2 Civil engineering construction work means and includes all work performed on the site of a civil engineering construction project in the construction, alteration, repair or maintenance of roads, reservoirs, locks, wharves, jetties, pipelines, water and sewerage, mains and services, drainage works, or other civil engineering works, irrigation and reclamation work and forestry operations. It does not include work in, around, and/or adjacent to a workshop, depot, yard, pumping station, treatment works, port installation, camp headquarters, or other similar departmental establishment.

4.3 Confined space means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation and subject thereto includes the following spaces:

4.3.1 in the case of a ship, inside complete tanks, chain lockers and peaks, under engine beds, under engine room and stockhold floors, or under or inside boilers;

4.3.2 in other cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

4.4 Sunday means all the time between midnight Saturday and midnight Sunday.

4.5 How to Calculate the Leave Entitlement

[4.5 inserted by PR960906 ppc 01Aug05]

4.5.1 Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:

• in a 12 month period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. worker's compensation leave, paid sick leave, paid carers leave).
• long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked.
• any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.

4.5.2 Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this award include:

• any absence with reasonable cause, proof of which shall be upon the employee.
• any leave without pay taken with the agreement of the employer.
• parental leave.

4.5.3 Where a business is transmitted from one employer to another, the period of continuous service that the employee had with the transmittor or any prior transmittor shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.