New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 22

22 Service credits for building and construction work

(1) A registered worker who was employed on a full-time basis under a contract of employment in the performance of building and construction work for the whole of a financial year is entitled to be credited in the register of workers with 220 days’ service.

(2) A registered worker who was so employed for a period consisting of part of a financial year only is entitled to be credited in the register of workers with a number of days’ service equal to two-thirds of the number of days in that period.

(3) A registered worker:

(a) who was employed on a part-time basis under a contract of employment in the performance of building and construction work, or

(b) who was employed in the performance of building and construction work and other work,

during the whole or any part of a financial year is entitled to be credited in the register of workers with a number of days’ service equivalent to the number of full days (as calculated by the Corporation) of employment in building and construction work.

(4) A registered worker who was a subcontract worker performing building and construction work and who lodges a claim for service credits under section 21 is entitled to be credited in the register of workers with:

(a) 220 days’ service, if the worker’s annual income was not less than the minimum annual income, or

(b) a number of days’ service that bears to 220 the same proportion as the worker’s annual income bears to the minimum annual income, in any other case.

(5) In this section:
"income" of a subcontract worker means the amount of assessable income specified, pursuant to section 21 (4) (b), in the subcontract worker’s claim under section 21 less the amount of the prescribed costs specified, pursuant to section 21 (4) (c), in the claim.
"minimum annual income" of a subcontract worker means an amount equal to 52-times standard pay, calculated as at 1 January last preceding the end of the period to which the worker’s claim under section 21 relates.

(6) This section has effect subject to section 24.