New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 32

32 Payments to employers

(1) Where:

(a) a person is provided with any alternative benefits referred to in section 31 (1) in respect of any period of service in the building and construction industry, and

(b) that person:

(i) was, when those benefits were provided, a registered worker, or

(ii) is the personal representative of a person who, when the person died, was a registered worker,

the Corporation shall, upon application therefor made in writing within 12 months after those benefits were provided or within such longer period (not exceeding 2 years) as the Corporation may in any particular case allow, pay to the employer who provided those benefits an amount calculated in accordance with the following formula:

"EP" represents the amount to be paid to that employer,
"S" represents the number of days’ service with which the worker was credited in the register of workers in respect of a period during which the worker was employed under a contract of employment by the employer, and for which the alternative benefits were provided, increased by 275 where that period commenced on the appointed day within the meaning of the former Act,
"P" represents, at the date the application is lodged with the Corporation:

(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.

(2) A reference in subsection (1) 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 that date during which the registered worker performed building and construction work.

(3) Notwithstanding subsection (1), an employer is not entitled to be paid under this section:

(a) a greater amount in respect of a person than the value of the alternative benefits, referred to in section 31 (1), provided by the employer in respect of that person, calculated by reference to the same period as the payment under this section is calculated, and

(b) an amount in respect of any day’s service with which a worker has been credited in the register of workers if a long service payment or a payment under this section or section 19D of the former Act has been made in respect of that day.

(4) Notwithstanding section 19, an employer is entitled to be paid, in respect of a registered worker whose name has been removed from the register of workers pursuant to section 19 (2A) or (3), any amount that the employer would have been entitled to be paid under this section if the name of that registered worker had not been so removed from the register of workers.