New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 29

29 Amount of long service payment

(1) As soon as practicable after an application is made to the Corporation under section 28 (1) or (2), the Corporation shall, subject to subsection (2) and section 30, pay to the applicant a long service payment calculated in accordance with the following formula:

(2) Where a long service payment payable under subsection (1) is payable in respect of a registered worker who is or, immediately before the registered worker’s death, was a foundation worker, that long service payment is the first such payment payable in respect of that registered worker (whether under this Act or the former Act) and the application for the payment was made under:

(a) section 28 (1) (a), (f) or (g) or (2) (a) or (b), the payment under subsection (1) shall be increased by an amount calculated in accordance with the following formula:

(b) section 28 (1) (c) or (2) (c), the payment under subsection (1):

(i) shall be increased by an amount calculated in accordance with the following formula:

(ii) where the registered worker has more than 5 years’ service credits in the register of workers-shall be further increased in accordance with the following formula:

(c) section 28 (1) (d) or (1) (e), the payment under subsection (1) shall be increased by an amount calculated in accordance with the following formula:

(3) For the purposes of the formulae in subsections (1) and (2):
"LSP" represents the amount of the long service payment,
"I" represents the amount of the increase or the further increase, as the case may be,
"S" represents the number of days’ service with which the registered worker in respect of whom the application is made is credited in the register of workers at the date the application is lodged with the Corporation or, if the worker so requests, at a date after which an entitlement under section 28 (1) first arose,
"P" represents, at the date applicable in "S":

(a) in the case of a registered worker who, in the opinion of the Corporation, performed work under a contract of employment during the whole or a majority of the relevant period before that date-the amount of ordinary pay that is, in the opinion of the Corporation:

(i) payable for the classification of the registered worker under the award fixing a rate of pay for that work, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or

(ii) payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or

(iii) if the registered worker is a person referred to in paragraph (c) (i) of the definition of "building and construction work" in section 3-payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers under the supervision of the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or

(iv) if the registered worker is a person referred to in paragraph (c) (ii) of the definition of "building and construction work" in section 3-payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers for whom the registered worker has responsibility in his or her capacity as a clerk of works, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or

(b) in any other case-an amount that is determined by the Corporation as the appropriate amount of ordinary pay at that date in respect of work on 5 working days during hours in which ordinary pay is payable and that is calculated by reference to either of the following rates:

(i) the rate of ordinary pay that is, in the opinion of the Corporation, payable under an award for work that is equivalent (or substantially equivalent) to the type of work carried out by the registered worker, or

(ii) another rate of ordinary pay that is, in the opinion of the Corporation, appropriate to the type of work carried out by the registered worker.

(4) A reference in subsection (3) in the matter relating to P to the relevant period before any date is a reference to the last period of 55 working days before the date during which the registered worker performed building and construction work.