4.         DEFINITIONS - In this award, unless the contrary intention appears:                                                                                                                     

4.1     Horse training industry - For the purpose of this award the horse training industry is defined as the business, calling or occupation in or in connection with the training and preparation of horses for the Horse Racing Industry including the Trotting and Harness Racing Industries and covers the functions of pre-training, grooming, feeding, handling, stabling and exercising of horses and the cleaning, care and maintenance of stables and associated training equipment and the caring of and leading in of horses at race meetings.

4.2       Stable foreman means a stablehand appointed to be in charge of or directing the work of not less than three stablehands.

4.3       Stablehand means a person (including a jockey) employed in or in connection with the training and preparation of horses for the Horse Racing Industry including the Trotting and Harness Racing Industries and covers the functions grooming, feeding, handling, stabling and exercising of horses and the cleaning, care and maintenance of stables and associated training equipment and the caring of and leading in of horses at race meetings.

4.4       Track rider means a person who is engaged to ride track work exclusively and may be a jockey or apprentice. This clause does not apply to a jockey or an apprentice who has a firm commitment with the employer as regards the race riding of the horses worked. Further this clause does not apply to an apprentice riding track work for his own master.

4.5       Union means The Australian Workers’ Union.

4.6       Continuous Service

4.6.1    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.

4.6.2           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.

4.6.3    Where a business is transmitted from one employer to another, as set out in 11.7 of this award, 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.