Australian Capital Territory Consolidated Acts

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LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 61

Service credit—registered worker's service

    (1)     This section applies in relation to a registered worker's service on or after the worker's registration day.

Note     See s 43 and s 44 for crediting of service prior to the worker's registration day.

    (2)     A registered employee must be credited in the workers register with 1 day's service for—

        (a)     each weekday, or part of a weekday, in relation to which the employee's employer has paid to the authority the amount payable under section 47 (Determination of levy—employers) in relation to the employee; or

        (b)     each weekday the employee does not carry out building and construction work because the employee has been dismissed by an employer to ensure that the worker does not take long service leave while in the employer's employment.

    (3)     However, a registered employee must not be credited with—

        (a)     more than 220 days service for each year ending 30 June; or

        (b)     more than 4 years service for any 1 period mentioned in subsection (2) (b).

    (4)     Further, a registered employee may be credited with a period of service for which payment has not been made to the authority under section 47 if—

        (a)     the employee's employer has ceased to employ anyone to carry out building and construction work; and

        (b)     the registrar is satisfied that the employee would, but for the employer's failure to make the payment, be entitled to be credited in the workers register with the period of service.

    (5)     A registered contractor must be credited in the workers register with 1 day's service for each weekday, or part of a weekday, on which the contractor carried out building and construction work and for which the contractor has paid to the authority the amount payable under section 53 (Determination of levy—contractors).

    (6)     However, a registered contractor must not be credited with—

        (a)     more than 220 days service for each year ending 30 June; or

        (b)     more than 1 day's service for any 2 or more parts of the same weekday.



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