Australian Capital Territory Consolidated Acts

LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 43

    (1)     The governing board may credit an employee who is registered as a worker with 1 day's service in the workers register for each weekday, or part of a weekday, in the 4-year period before the person's registration day the person was employed in the building and construction industry if the person's employer has given the authority, in relation to the person for the day—

        (a)     a return under section 45 (Quarterly returns by employers); and

        (b)     payment under section 47 (Determination of levy—employers).

    (2)     If subsection (1) does not apply, the governing board may credit the person with 1 day's service in the workers register for each day in the 1-year period before the person's registration day for which the board is satisfied that the person was employed in the building and construction industry.

Example

The governing board is satisfied that Andrew, in the 1-year period before his registration day, had separate periods of service as an employee in the building and construction industry of 25 and 125 weekdays. The governing board may credit Andrew in the workers register with 150 days service.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     In this section:

"amending Act" means the Long Service Leave (Building and Construction and Contract Cleaning Industries) Legislation Amendment Act 2007 .

payment under section 47 includes a payment under section 45 (Quarterly returns by employers) as in force before the commencement of the amending Act.

return under section 45 includes a notice under section 45 (Quarterly returns by employers) as in force before the commencement of the amending Act.

    (4)     Subsection (3) and this subsection expire 4 years after the day this subsection commences.