4.1 This award covers employers throughout Australia of employees in the Manufacturing and Associated Industries and Occupations who are covered by the classifications in this award and those employees.
4.5 This award covers any employer which supplies labour on an on-hire basis in the industry (or industries) set out in clauses 4.9(a) or (b) in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry (those industries).
4.6 This award covers any employer which supplies on-hire employees in occupations set out in clause 4.9(c) covered by classifications in this award and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee.
4.8 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industries and/or parts of industry and/or occupations set out at clause 4.9 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.8 operates subject to the exclusions from coverage in this award.
4.9 Manufacturing and Associated Industries and Occupations means:
(a) the following industries and parts of industries:
(i) the manufacture, making, assembly, processing, treatment, fabrication and preparation of:
• the products, structures, articles, parts or components set out in clause 4.10; or
• the materials or substances set out in clause 4.10; or
• any products, structures, articles, parts or components made from, or containing, the materials or substances set out in clause 4.10.
(ii) the coating, painting, colouring, varnishing, japanning, lacquering, enamelling, porcelain enamelling, oxidising, glazing, galvanising, electroplating, gilding, bronzing, engraving, cleaning, polishing, tanning, dyeing, treatment and finishing of any of the items referred to in clause 4.9(a)(i).
(iii) the repair, refurbishment, reconditioning, maintenance, installation, testing and fault finding of:
• any of the items referred to in clause 4.9(a)(i); or
• floor covering; or
• plant, equipment and buildings (including power supply) in the industries and parts of industries referred to in clauses 4.9(a)(i) and (ii); or
• plant, equipment and buildings (including power supply) in any other industry.
(iv) mechanical and electrical engineering.
(v) space tracking.
(vi) farriery (other than in the racing industry).
(vii) bottle merchants.
(viii) the printing and processing of photographs from film.
(ix) every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries, parts of industries or occupations.
(x) handling, sorting, packing, despatching, distribution and transport in connection with any of the foregoing industries or parts of industries.
(b) the provision of any of the operations or services set out in clause 4.9(a) on a contract basis by one business to another business, where the first business is independent of the second business.
(c) the following occupations:
(i) maintenance employees in the engineering streams.
(ii) technical workers.
(iii) draughtspersons.
(iv) production planners.
(v) trainee engineers.
(vi) trainee scientists.
(vii) engine drivers.
4.10 For the purposes of clause 4.9(a)(i), the products, structures, articles, parts, components, materials and substances include:
(a) all products made from, or containing, steel, iron, metal, sheet metal, tin, brass, copper and non-ferrous metal.
(b) melting and smelting of metals.
(c) articles made from wire and the drawing and insulation of wire.
(d) industrial gases.
(e) ships, boats, barges and marine vessels of all descriptions, and components.
(f) aircraft and components.
(g) locomotives, rolling stock, railway line and components.
(h) motor engines, motor cars, motor cycles and other motor driven vehicles and components.
(i) industrial machinery.
(j) tools, saws, dies, gauges and moulds.
(k) electrical, electronic, telecommunications, lighting, radio, television and X-ray products, equipment, apparatus, installations, appliances, devices and signs.
(l) recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, weight, mass, etc.
(m) stoves, ovens, steam cookers, refrigerators, kitchenware, household utensils, irons, radiators, heaters, furniture, toys, sporting goods, perambulators, window frames, agricultural implements, machinery and appliances, safes, strong rooms, wet batteries, dry batteries, metallic containers, canisters, drums, lifts, elevators, air-conditioning plant/equipment, bridges, girders, gates, fences, frames, engine packing, brushes and brooms.
(n) insulation materials and articles.
(o) clay and ceramic articles, including but not limited to bricks, refractory bricks, terra cotta products, tiles, pipes, pottery, tableware and flower pots.
(p) jewellery, watches and clocks (including cases), badges, name-plates, precious metal products and precious stones.
(q) medical and optical instruments, appliances and equipment, including but not limited to spectacles, contact lenses and artificial limbs.
(r) brake linings, disc pads, clutch facings and other friction materials for automotive or other industrial applications.
(s) all products made from or containing plastic or rubber, or substitutes for plastic or rubber.
(t) synthetic resins, powders, tablets, etc, used in the plastics industry.
(u) duperite, bakelite, casein or similar compositions, synthetic rubberlikes, guttaperchalikes, rubberlike plastics, nitrocellulose, celluloid, leathercloth and elastomers.
(v) thermoplastics and thermo-setting plastics, cellulose plastics, perspex, cellulose acetate butyrate, polymethyl methacrylate, nylon 66, polyethylene terepthalate, acronitrile-butadiene-styrene, epoxy resins, laminates of all descriptions, polymers of all descriptions and all long chain organic materials generally known as plastics.
(w) transmission cables which encompasses power and communication cables (including single strand) whether insulated or not.
(x) abrasive wheels and stones, bounded abrasives, articles or goods containing a thermoplastic and/or a thermosetting plastic and allied products.
(y) all types of tapes including pressure sensitive tapes, cellulose adhesive tape, masking, cloth, metal, paper, plastic tapes in rolls or sheet form, films, papers or cloth surface coated with abrasives, and abrasive coated materials and abrasive coated and/or uncoated articles of all descriptions, impregnated and/or coated or uncoated films, papers or cloths, plastic ribbons, adhesives, laminates, sealers, coatings and elastic cements, and associated machinery and/or dispensing equipment using any of the above products.
(z) gelatine, glue, agar, and their by-products, dried residues, filter earth dextrine and adhesives of all descriptions, and other like materials.
(aa) artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis.
(bb) fungicides, insecticides, vermin destroyer and weed destroyer (except for spraying, fumigating, poisoning or otherwise applying such substances).
(cc) paint, decorative or protective surface coatings or coverings and associated products.
(dd) rope, cordage, twine, yarn, thread and braid made from jute or flax and/or any fibre or synthetic fibre in substitution therefore and all products made from such rope, cordage, twine, yarn, thread and braid.
(ee) skins, pelts, leather, canvas, fibre, vulcanised fibre, webbing, bark and other tanning extracts and all substitutes and all products made therefrom, including but belts, gloves, hats, sails, tents, tarpaulins, umbrellas, parachutes, car seats, gaskets, beach shelters, deck chairs, cargo nets, shipsgear and life jackets.
(ff) all types of flat glass and fibreglass, and all substitutes, and all products made thereform including but not limited to flint ware, bottles, containers, jars, bricks, light bulbs, opal ware, pyrex ware, translucent reinforced sheeting, tubing, rods and lamp shades.
(gg) gypsum, plasterboard, fibre cement and similar materials and all products made therefrom.
(hh) furnishings made from cane, bamboo and other like materials.
(ii) upholstery, furnishing drapery, blinds, screens, awnings, mattresses and bedding.
(jj) flooring products made from other than wood.
(kk) picture frames made from other than wood.
(ll) musical instruments made from other than wood.
(mm) non-food grocery products including candles, soap, soap powders and extracts, soda, blue (washing), boot blacking, boot polish, boot paste, boot stains, blacklead, charcoal, coal dust, cloudy ammonia, dubbo, ebonite shine, furniture polish, glycerine, greasers, harness dressing, harness compounds, ink, knife polish, kindlers, linoleum and oilcloth polish, metal polish, moulders, blacking, oils, phenyle, plumbargo preparations, stove polish, and vaseline.
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 harvesting and sorting equipment and such other equipment as is used mainly or solely in the agricultural and/or pastoral industry.
engine driver means any person who operates or drives any engine or engines, the motive power of which is either steam, gas, oil, water, compressed air or electricity, and includes any person who is called on in the ordinary course of their duty to do engine driver’s work other than simply stopping or starting an engine under the supervision of an engine driver.
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 harvesting and sorting equipment and such other equipment as is used mainly or solely in the agricultural and/or pastoral industry.
engine driver means any person who operates or drives any engine or engines, the motive power of which is either steam, gas, oil, water, compressed air or electricity, and includes any person who is called on in the ordinary course of their duty to do engine driver’s work other than simply stopping or starting an engine under the supervision of an engine driver.
engineering streams are the three broad engineering streams recognised within the classification definitions set out in Schedule B namely, electrical/electronic, mechanical and fabrication. The streams are defined as the:
(a) electrical/electronic stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices, systems, equipment and controls, such as electrical wiring, motors, generators, PLCs and other electronic controls, instruments, refrigeration, telecommunications, radio and television, and communication and information processing.
(b) mechanical stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments and refrigeration, and the use of related computer controlled equipment, such as Computer Numeric Controlled machine tools.
(c) fabrication stream which includes fabrication in all materials, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing and sheet metal work and the use of related computer controlled equipment.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
production planners are employees who are or who are mainly engaged in either parts of, or a combination of, or all of:
(a) the planning of operations, methods or processes including the estimation of requirements of labour, tools or other equipment or components of goods by engineering processes; or
(b) the performing of routine tasks requiring engineering skill or knowledge, such as calculations or analysis of technical information, in trades involving structural engineering or the manufacture of agricultural implements, machine tools, motor cars and other vehicles, or electrical goods and equipment.
technical workers are employees who are or who are mainly engaged:
(a) in the conducting of scientific or engineering work on:
(i) analytical, investigational, developmental, experimental or research work of a technical nature in connection with chemical, biochemical, physical chemical, bacteriological physics, physical testing or metallurgical processes; or
(ii) investigational, developmental, experimental, research or technical control work in manufacturing or pilot plants; or
(b) in assisting in the operations set out in (d)(i) and/or (d)(ii) by:
(i) the preparation or care of apparatus or materials; or
(ii) the recording or tabulating of results; or
(iii) any other means.
tracers and draughtspersons are employees who are or who are mainly engaged in making drawings from sketches or other data.
vocational fields are the five vocational fields recognised within the classification structure of this award, namely, trade, technical, engineering/manufacturing, supervisor/trainer/coordinator, and professional. The fields are defined as the:
(a) trade field which includes employees who possess as a minimum qualification a trade certificate in any of the engineering streams or a Certificate IV in Engineering including Higher Engineering Trades or Special Class Trades.
(b) technical field which includes:
(i) production planning, including scheduling, work study, and estimating materials, handling systems and like work; or
(ii) technical work including inspection, quality control, supplier evaluation, laboratory, non-destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work; or
(iii) design and draughting and like work.
(c) engineering/manufacturing field which includes employees primarily engaged in production work including production, distribution, stores and warehousing, which does not require a qualification in the trade, technical, professional or supervisory fields.
(d) supervisor/trainer/coordinator field which includes employees who are or who are mainly:
(i) responsible for the work of other employees and/or the provision of on-the-job training including coordination and/or technical guidance; or
(ii) responsible for the supervision and/or training of other supervisors or trainers; or
(iii) responsible primarily for the exercise of technical skills up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.
(e) professional field includes employees who possess an academic qualification which enables the employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Professional Employees Award 2010.