Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 12

Disputes

12. Disputes



(1) Any of the following disputes (to the extent to which it involves issues
that are not the subject of or have not been determined in a proceeding for an
offence against this Act) is a dispute for the purposes of this section-

   (a)  a dispute about whether a person is an employer who employs or engages
        a person or persons to perform construction work in the
        construction industry between-

   (i)  that person and the trustee; or

   (ii) that person and a person or persons employed or engaged by that
        person; or

   (iii) a person or persons employed or engaged by that person and the
        trustee;

   (b)  a dispute about whether a person is employed or engaged to perform
        construction work in the construction industry between-

   (i)  that person and an employer; or

   (ii) that person and the trustee; or

   (iii) an employer and the trustee;

   (c)  any other dispute concerning the scheme dealt with by the trust deed
        between-

   (i)  an employer and a person or persons employed or engaged by the
        employer; or

   (ii) any person referred to in subparagraph (i) and the trustee; or

   (iii) a working sub-contractor and the trustee.

(2) If a dispute is not settled, the parties to the dispute must be taken to
have entered into an agreement in writing to refer the dispute to arbitration
in accordance with the Commercial Arbitration Act 1984 before a single
arbitrator appointed by the Secretary-General for the time being of the
Australian Centre for International Commercial Arbitration.

(3) Unless the arbitrator otherwise directs, the costs of the arbitration
shall be borne equally by the parties to the dispute.