6. For the purposes of this Act, the number of employees in an enterprise is the average number of employees in the enterprise in the course of the 12-month period preceding 21 November 1997. The average number is determined on the basis of the number of employees entered on the employer’s paylist for each pay period.
In the case of an enterprise that begins its operations in the 12-month period preceding 21 November 1997 or after that date, the reference period is the 12-month period beginning on the date on which the first employee commenced employment with the employer.