Circumstances in which an individual is taken to perform work in and as part of a business or undertaking

In force

(1)

For the purposes of section 12(a) of the Act, circumstances in which an individual is taken to perform work in and as part of a business or undertaking include the following circumstances—

(a)

an individual is performing activities as a cleaner in a commercial premises;

(b)

an individual is performing any one or more of the following horticulture activities in relation to fruit or vegetables, with the exercise of minimal judgment and under direct supervision, at a place where a business or undertaking is being conducted—

(i)

picking;

(ii)

sorting;

(iii)

labelling;

(iv)

packing;

(v)

grading;

(vi)

planting;

(vii)

thinning;

(viii)

pruning;

(ix)

spraying;

(x)

repetitive work on automatic, semi‑automatic or single-purpose machines or equipment;

(xi)

performing basic recording functions related to work described in subparagraphs (i) to (x) above;

(c)

an individual is performing any one or more of the following activities at a meat manufacturing establishment or meat processing establishment—

(i)

killing;

(ii)

dressing;

(iii)

boning;

(iv)

slicing;

(v)

preparation;

(vi)

packing;

(vii)

processing;

(d)

an individual is performing any one or more of the following activities at a poultry processing establishment—

(i)

killing;

(ii)

processing;

(iii)

preparation;

(iv)

packing.

(2)

Subregulation (1) applies whether or not the individual is also performing other duties or activities in connection with the business, undertaking or establishment.

(3)

For the purposes of this regulation—

meat manufacturing establishment means an establishment wholly or predominantly concerned with the manufacturing or processing of fresh meat into any form of edible manufactured or processed meat, meat products, smallgoods, ham, bacon, or similar products in which meat is a substantial ingredient, including any related activities such as retail or wholesale sales, and killing, dressing, boning, slicing, preparation and packing of fresh meat, where such activities are conducted at any place as an ancillary part of the manufacturing or processing business;

meat processing establishment means an establishment wholly or predominantly concerned with killing, dressing, boning, slicing, preparation or packing fresh meat, and includes any related activities conducted at any place as an ancillary part of such a business, such as manufacturing or processing meat, the treatment and processing of skins or hides, rendering, processing of by-product, and retail or wholesale sales;

poultry processing establishment means a place wholly or predominantly concerned with the killing, processing, preparation or packing of uncooked poultry, poultry products or poultry by-products, which takes place in connection with a business or undertaking.

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5 Circumstances in which an individual is taken to perform work in and as part of a business or undertaking