New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"approved" means approved by the Corporation.
"authorised agent" means an agent of the Corporation appointed under section 44.
"award" means a State industrial instrument or a Commonwealth industrial instrument.
"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:

(a) buildings,

(b) swimming pools,

(c) fences,

(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.
"building and construction work" means work in the building and construction industry performed in New South Wales, being:

(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 Chief Executive Officer of the WorkCover Authority.
"Committee" means the Building and Construction Industry Long Service Payments Committee constituted by section 8.
"Commonwealth industrial instrument" means:

(a) an award (as defined by section 4 of the Workplace Relations Act 1996 of the Commonwealth), or

(b) a certified agreement (as defined by section 4 of the Workplace Relations Act 1996 of the Commonwealth), or

(c) an Australian workplace agreement (as defined by section 4 of the Workplace Relations Act 1996 of the Commonwealth), or

(d) an enterprise flexibility agreement (as defined by section 4 of the Workplace Relations Act 1996 of the Commonwealth as in force immediately before the commencement of Schedule 9 to the Workplace Relations and Other Legislation Amendment Act 1996 of the Commonwealth) that continues to have effect because of Part 2 of that Schedule.

"Corporation" means the Building and Construction Industry Long Service Payments Corporation constituted by section 4.
"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.
"Fund" means the Building and Construction Industry Long Service Payments Fund established by section 10.
"long service levy" means a long service levy under Part 5, and includes an additional amount of any such levy under section 41.
"long service payment" means a long service payment under Part 4.
"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.
"register of workers" means the register of workers kept by the Corporation under section 15.
"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 or a county council 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).

(2) For the purposes of this Act, work performed by a person outside New South Wales shall be deemed to be building and construction work if:

(a) that work would, if it were performed in New South Wales, be building and construction work, and

(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.

(3) A reference within the Act to a development consent under the Environmental Planning and Assessment Act 1979 includes a reference to an approval under Part 3A of that Act.

(4) In this Act:

(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.

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.