South Australian Consolidated Acts

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SCHEDULE 3

Schedule 3—Preservation and conversion of entitlements—1995 Act

1—Interpretation

In this Schedule—

1995 Act means the Construction Industry Long Service Leave (Miscellaneous) Amendment Act 1995 .

2—Conversion of entitlements

If a person has an effective service entitlement immediately before the commencement of the 1995 Act, then—

            (a)         the effective service entitlement will, on the commencement of the 1995 Act, be converted to an effective service entitlement expressed in days in accordance with the following formula:

where—

E is the effective service entitlement (expressed in whole days rounded up to the next day)

EM is the person's aggregate effective service entitlement under this Act immediately before the commencement of the 1995 Act (expressed in months);

            (b)         when leave is taken after the commencement of the 1995 Act, it will be taken that the person is first taking leave attributable to an effective service entitlement accrued before the commencement of the 1995 Act (as converted under paragraph (a)) (until that entitlement is expended); and

            (c)         despite any other provision of this Act, insofar as a person is taking leave that is attributable to an effective service entitlement accrued before the commencement of the 1995 Act, the person's ordinary weekly pay in respect of that leave will be taken to be an amount determined as if the 1995 Act had not been enacted.

3—Continuity of application

If—

            (a)         a person was, immediately before the commencement of the 1995 Act—

                  (i)         in employment that qualified the person as a construction worker under this Act; and

                  (ii)         registered with the Board; and

            (b)         this Act would, but for this subsection, cease to apply to work in that form of employment on the commencement of the 1995 Act,

then this Act will, despite the enactment of the 1995 Act (and without limiting the application of this Act to a person who subsequently works as a construction worker in any other form of employment), continue to apply to the person while he or she remains in that form of employment with the same employer (as if the person continued to be a construction worker within the meaning of this Act).

4—Special rates—Self-employed contractors

The Board may, on the commencement of the 1995 Act, for the purposes of section 37A of this Act—

            (a)         set a contribution rate; and

            (b)         set an interest rate,

for the 1994/1995 financial year (despite the commencement of that financial year).