Tasmanian Consolidated Acts

LONG SERVICE LEAVE (CASUAL WHARF EMPLOYEES) ACT 1982 - SECT 3

In this Act, except in so far as the context or subject-matter otherwise indicates or requires –

"age for retirement" means –

(a) in a case where an age for retirement is prescribed in an industrial award that is applicable to an employee, or is fixed by the terms of an employee's contract of employment, the age so prescribed or fixed; or

(b) in any other case, the age of 65 years;

"casual wharf clerk" means a person who is employed at a rate calculated by the hour in the performance of any or all of the following duties:

(a) the reckoning of the quantity, mass, and volume of goods loaded on, or unloaded from, any ship;

(b) the receiving, delivering, sorting, or stacking of goods loaded on, or unloaded from, any ship;

(c) the entering in the manifest of a ship particulars of goods loaded on, or unloaded from, the ship;

(d) time-keeping or other clerical work –

(i) in connection with the loading of goods on any ship or the unloading of goods from any ship;

(ii) in or in connection with wharf offices; or

(iii) in or on any part of a ship while it is berthed at a port in this State;

"casual wharf watchman" means a person who, not being a member of a ship's crew, is employed at a rate calculated by the hour in the performance of any or all of the following duties:

(a) the watching of the cargo or other property on a ship in port or on a wharf;

(b) the taking of action for the purpose of safeguarding any such ship, cargo, property, or wharf;

(c) the taking of action for the prevention of the unauthorized entry to, or departure from, any such ship or wharf of any person, or the unauthorized taking by any person of property into or from any such ship or wharf;

"employee" means a person who is employed as a casual wharf clerk or a casual wharf watchman;

"employer" means the Association of Employers of Waterside Labour;

"industrial dispute" means a dispute in relation to any matter affecting or relating to the relations of employers and employees, or their respective rights, privileges, duties, or obligations;

"Secretary" means the Secretary of the Department;

"ship" includes a barge, lighter, hulk, or other vessel;

"waterside worker" has the meaning assigned to that expression by the Industrial Relations Act 1988 of the Commonwealth;

"wharf" includes a pier, jetty, or any shed adjacent to a wharf;

"workers' compensation" means compensation payable under the Workers Rehabilitation and Compensation Act 1988.