CONTRACT CLEANING INDUSTRY (PORTABLE LONG SERVICE LEAVE SCHEME) ACT 2010 - As at 5 December 2023 - Act 122 of 2010

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Meaning of "cleaning work"
• 5 Meaning of "employee"
• 6 Meaning of "employer"
• 7 Meaning of "worker"
• 8 Declaration by Minister--coverage of Act
• 9 Constitution of Long Service Leave Committee

PART 2 - REGISTRATION

Division 1 - The registers

• 10 Corporation must keep registers
• 11 Employers register
• 12 Employer's registration day
• 13 Workers register
• 14 Worker's registration day
• 15 Inspection of registers

Division 2 - Registration of employers

• 16 Registration
• 17 Application for registration by employers
• 18 Dealing with applications for registration as an employer
• 19 Certificate of registration for employers
• 20 Registered employer to notify change of details

Division 3 - Registration of workers

• 21 Registration
• 22 Application for registration by workers
• 23 Application by employers for registration of employee
• 24 Dealing with applications for registration as registered worker
• 25 Corporation may register worker without application
• 26 Annual statements for workers
• 27 Registered worker to notify inaccuracies

Division 4 - Cancellation and suspension of registration

• 28 Cancellation of worker's registration
• 29 Suspension of worker's registration
• 30 Reinstatement of cancelled registration
• 31 Cancellation of employer's registration

Division 5 - Notices

• 32 Notice of registration decisions

PART 3 - SERVICE CREDITS

• 33 Meaning of "engagement period"
• 34 Service credit
• 35 Limitations on crediting service
• 36 Foundation worker service credit
• 37 Service credit for breaks in engagement periods
• 38 Service credit--insolvent employer

PART 4 - RETURNS AND RECORDS

Division 1 - Returns

• 39 Returns by employers
• 40 Exemption from lodging return
• 41 Returns by contractors who are registered workers

Division 2 - Review of ordinary remuneration

• 42 Review of ordinary remuneration by Corporation
• 43 Notice of Corporation's decision on review of remuneration
• 44 Effect of variation of ordinary remuneration
• 45 Variation of ordinary remuneration

Division 3 - Records

• 46 Employers to keep records
• 47 Registered contractors to keep records
• 47A Power to require production of employee records
• 47B Power to take possession of records to be used as evidence

PART 5 - LONG SERVICE LEAVE LEVY

• 48 Determination of levy--employers
• 49 Determination of levy--contractors
• 50 Levy payments by employers
• 51 Levy payments by registered contractors
• 52 Interest on, and extension of time for payment, of levy
• 53 Assessment of unpaid levy
• 54 Authorised agents for collection of levies

PART 6 - LONG SERVICE LEAVE

• 55 Long service leave
• 56 Years of recognised service
• 57 Long service leave formula--contract cleaning industry
• 58 Amount of leave--contract cleaning industry
• 59 Grant of leave by employers--contract cleaning industry
• 60 Payments for leave
• 61 Long service leave not payable if payment previously made
• 62 Prohibition on payments in lieu of leave
• 63 Entitlement to pro rata payment instead of leave in limited circumstances
• 64 Pro rata payments instead of leave
• 65 How are leave entitlements to be worked out?
• 66 Leave payments to employee for service as a registered worker
• 67 Leave payments to a contractor for service as a registered worker
• 68 Deemed minimum and maximum rates of pay
• 69 Public holidays not to count as leave
• 70 Corporation may pay if employer insolvent
• 71 Payment may be deferred
• 72 Corporation's liability confined to long service leave

PART 7 - APPEALS TO COMMITTEE

Division 1 - General

• 73 Appeals--general provisions
• 74 Hearing and determination of appeals by 2 or more members
• 75 Notice of appeal decisions
• 76 Personal representative of deceased person may appeal on person's behalf

Division 2 - Rights of appeal

• 77 Appeals against refusal to register as employer
• 78 Appeals against refusal to register as registered worker
• 79 Appeal against cancellation of employer's registration
• 80 Appeal against cancellation of worker's registration
• 81 Appeals against refusal to grant exemption or revocation of exemption
• 82 Appeal in relation to payment of interest on long service levies etc
• 83 Appeals against levy assessments
• 84 Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay

PART 8 - ENFORCEMENT

Division 1 - Authorisation and identification of inspectors

• 85 Definition
• 86 Authorisation of inspectors
• 87 Identification of inspectors

Division 2 - Powers of entry and inspection

• 88 Power to enter premises
• 89 Entry into residential premises only with permission or warrant
• 90 Search warrants
• 91 Powers to inspect and seize things
• 92 Dealing with seized things
• 93 Assistance to be given to inspectors
• 94 Provisions relating to requirements to furnish records, information or answer questions
• 95 Offences under this Part

Division 3 - Other enforcement matters

• 96 Service of documents
• 97 Authentication of certain documents by Corporation
• 98 Corporation may require applicant under section 17 to provide further information or evidence
• 99 Corporation may require applicant under section 22 or 23 to provide further information or evidence
• 100 Notice requiring information or documents
• 101 False statements
• 102 Disclosure of information

Division 4 - Proceedings for offences and debt recovery

• 103 Nature of proceedings for offences
• 103A Penalty notices
• 104 Offences by corporations
• 105 Recovery of charges etc by Corporation
• 106 Orders to make levy payments
• 107 Certificate as to payment of levies

PART 9 - RELATIONSHIP TO OTHER LAWS

• 108 Definition
• 109 Benefits under other laws--election
• 110 Benefits under other laws--reimbursement of employer
• 111 Reimbursement for certain payments under Long Service Leave Act 1955

PART 10 - RECIPROCAL ARRANGEMENTS

• 112 Reciprocal agreements for corresponding laws
• 113 Payment by Corporation on reciprocal authority's behalf
• 114 Payments by reciprocal authority on Corporation's behalf
• 114A Exchange of information

PART 11 - MISCELLANEOUS

• 115 Personal liability
• 116 Regulations
• 117 Review of Act
118. (Repealed)
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)