8Classification of employer’s business

8 Classification of employer’s business

8 Classification of employer’s business

(1) For the purposes of this Order, the classification applicable to an employer is the class in Column 2 of Table A (NSW WorkCover Industry Classification System) to which the employer’s business corresponds.

(2) An employer’s basic tariff premium is determined having regard to the classification applicable to the employer’s business. An employer’s business means the employer’s business or industrial activity.

(3) An employer may carry on a single business or more than one business at the same time.

(4) If an employer carries on a single business, the classification applicable to the business is that which most accurately describes the entire business of the employer. The entire business includes not only the operations and activities directly involved in the conduct of the business, but also all operations and activities incidental to the conduct of the business.

(5) If an employer carries on more than one business, so that it can be said that the employer carries on separate and distinct businesses, subclause (4) applies to each such separate and distinct business.

(6) Generally, businesses are not separate and distinct if the operations and activities carried on in those businesses are incidental to one another.

(7) In determining whether businesses are separate and distinct (for classification purposes) it is relevant to take the following into account:

(a) the nature of the operations and activities (including incidental operations and activities) respectively carried on in the businesses,

(b) differences in the identity of the workers respectively engaged in the businesses (and in particular of the workers engaged in the manufacturing or industrial activities and operations),

(c) differences in locations of the businesses, for example, differences in locations may vary from sites far removed from each other, or separate floors in a given building, or even separate parts on the one floor level of a building (the important element in relation to location is that normally separate and distinct businesses have exclusive use of the particular area in which the operations and activities of the business are carried on).