"building and construction industry" means the industry of carrying out the
construction, reconstruction, renovation, alteration, demolition or
maintenance or repairs of or to any of the following--
(d) roadworks, railways, airfields or other
works for the carriage of persons, animals or vehicles,
(e) breakwaters,
docks, jetties, piers, wharves or works for the improvement or alteration of
any harbour, river or watercourse for the purpose of navigation,
(f) works
for the storage or supply of water or for the irrigation of land,
(g) works
for the conveyance, treatment or disposal of sewage or of the effluent from
any premises,
(h) bridges, viaducts, aqueducts or tunnels,
(i) chimney
stacks, cooling towers, drilling rigs, gas holders or silos,
(j) pipelines,
(k) structures, fixtures or works for use in or in conjunction with any
building or other works referred to in paragraphs (a) to (j) inclusive,
(l)
navigational lights, beacons or markers,
(m) works for the drainage of land,
(n) works for the storage of liquids, other than water, or of gases,
(o)
works for the transmission of electric power,
(p) works for the transmission
of wireless or telegraphic communications,
and includes pile driving and the
preparation of the site for any building or other works referred to in
paragraphs (a) to (p) inclusive.
(a)
work carried out under a contract of employment for which a rate of pay is
fixed by an award prescribed by the regulations, or
(b) work--
(i) carried
out under a contract that is not a contract of employment, and
(ii) that
would, if it had been carried out under a contract of employment, be work for
which a rate of pay was fixed by an award prescribed by the regulations, or
(c) the work of a person who, under a contract of employment--
(i) directly
supervises work of the kind referred to in paragraph (a) or (b), or
(ii) is a
clerk of works.
"Chief Executive Officer" means the Secretary of the Department of Customer
Service.
"Commonwealth industrial instrument" means an award, workplace agreement or
other agreement made under (or taken to have been made, or to have effect,
under) an Act of the Commonwealth, being an award, workplace agreement or
other agreement prescribed (or of a class prescribed) by the regulations for
the purposes of this definition.
"corresponding authority" means the authority under a corresponding law that
is for the time being charged with the day to day administration of that law.
"corresponding law" means a law declared by an order in force under subsection
(6) to be a corresponding law for the purposes of this Act.
"financial year" means a year commencing on 1 July.
"former Act" means the Building and Construction Industry Long Service
Payments Act 1974 .
"foundation worker" means a registered worker whose name was entered in the
register (within the meaning of the former Act) immediately before the
commencement of this Act as the name of a foundation worker.
"reciprocating State or Territory" means a State or Territory of the
Commonwealth declared by an order in force under subsection (6) to be a
reciprocating State or Territory for the purposes of this Act.
"registered worker" means a person whose name is entered in the
register of workers.
"regulation" means a regulation made under this Act.
"standard pay" means--
(a) except as provided by paragraph (b), the amount of
ordinary pay that is payable at the rate applicable for the classification
"Carpenter and/or Joiner" under the Building Tradesmen (State) Construction
Award published in the Industrial Gazette on 16 July 1975 in respect of work
on 5 working days during those hours in which ordinary pay is payable, or
(b)
the amount of pay prescribed by, or determined in accordance with, the
regulations.
"subcontract worker" means a worker who performs work otherwise than under a
contract of employment.
"worker" means any person who, under a contract, whether or not a contract of
employment, performs building and construction work, however remunerated, but
does not include a person of a class prescribed as exempt by the regulations
or a person who performs, or supervises the performance of, any such work
under a contract of employment--
(a) with any body constituted by any Act of
the Parliament of a State or of the Commonwealth (other than the Royal
Agricultural Society Act 1911 or a prescribed Act), or
(b) with a council, a
county council or a joint organisation within the meaning of the
Local Government Act 1993 .
"working day" means a day on which ordinary rates of pay are payable.
"year's service" means a year's service within the meaning of subsection (5).
(b)
an amount, in the nature of a long service levy, determined by the Corporation
has been paid to the Corporation in respect of that work or an agreement has
been entered into with the Corporation for the payment of that amount.
(a) a
reference to a function includes a reference to a power, authority and duty,
and
(b) a reference to the exercise of a function includes, where the
function is a duty, a reference to the performance of the duty.
(5) For the
purposes of this Act, a worker shall be deemed to have a year's service for
every 220 days' service that is credited to the worker in the
register of workers kept under this Act or for every period of service that is
considered to be a year's service under a corresponding law.
(6) Subject to
subsection (7), the Governor may, by order published in the Gazette--
(a)
declare a State or Territory of the Commonwealth in relation to which an
agreement entered into under section 55 (1) is in force to be a reciprocating
State or a reciprocating Territory as the case requires, and
(b) declare a
law of such a State or Territory to be a corresponding law for the purposes of
this Act.
Editorial note : For orders under this subsection see Historical
notes at the end of this Act.
(7) A declaration shall not be made under
subsection (6) (b) in respect of the law of a State or Territory unless the
Governor is satisfied that the law provides for the payment of long service
benefits to or in respect of workers who are or have been engaged in the
building and construction industry in that State or Territory.
(8) Notes
included in this Act do not form part of this Act.
