CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE ACT 1985 - SECT 3

CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE ACT 1985 - SECT 3

3 .         Terms used

        (1)         In this Act unless the contrary intention appears —

        appointed day means the day fixed by the Minister under subsection (2);

        apprentice means a person who is an apprentice under a training contract that —

            (a)         provides for training in a classification of work referred to in a prescribed industrial instrument relating to the construction industry that is a prescribed classification; and

            (b)         is registered under the Vocational Education and Training Act 1996 Part 7 Division 2 or an Act of another State or a Territory that corresponds to that Act;

        approved form means a form approved by the Board for the purposes of the provision in which the term is used;

        Board means the Construction Industry Long Service Leave Payments Board established under section 5;

        books includes any register or other record of information and any accounts or financial records (within the meaning of the Corporations Act 2001 of the Commonwealth), however compiled, recorded or stored and also includes any other document;

        chief executive officer means the person, however designated, appointed by the Board under section 13 to carry out the duties and functions of the chief executive officer under this Act;

        construction industry means the industry —

            (a)         of carrying out on a site the construction, erection, installation, reconstruction, re-erection, renovation, alteration, demolition or maintenance of or repairs to any of the following —

                  (i)         buildings; and

            (iia)         swimming pools and spa pools; and

                  (ii)         roads, railways, airfields or other works for the passage of persons, animals or vehicles; and

                  (iii)         breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of any harbour, river or watercourse for the purposes of navigation; and

                  (iv)         works for the storage or supply of water or for the irrigation of land; and

                  (v)         works for the conveyance, treatment or disposal of sewage or of the effluent from any premises; and

                  (vi)         works for the extraction, refining, processing or treatment of materials or for the production or extraction of products and by-products from materials; and

                  (vii)         bridges, viaducts, aqueducts or tunnels; and

                  (viii)         chimney stacks, cooling towers, drilling rigs, gas-holders or silos; and

                  (ix)         pipelines; and

                  (x)         navigational lights, beacons or markers; and

                  (xi)         works for the drainage of land; and

                  (xii)         works for the storage of liquids (other than water) or gases; and

                  (xiii)         works for the generation, supply or transmission of electric power; and

                  (xiv)         works for the transmission of wireless or telegraphic communications; and

                  (xv)         pile driving works; and

                  (xvi)         structures, fixtures or works for use on or for the use of any buildings or works of a kind referred to in subparagraphs (i) to (xv); and

                  (xvii)         works for the preparation of sites for any buildings or works of a kind referred to in subparagraphs (i) to (xvi); and

                  (xviii)         fences, other than fences on farms;

            (b)         of carrying out of works on a site of the construction, erection, installation, reconstruction, re-erection, renovation, alteration or demolition of any buildings or works of a kind referred to in paragraph (a) for the fabrication, erection or installation of plant, plant facilities or equipment for those buildings or works;

            (c)         of carrying out of work performed by employees engaged in the work referred to in paragraph (a) or (b) and that is normally carried out on site but which is not necessarily carried out on site,

        but does not include —

            (d)         the carrying out of any work on ships; or

            (e)         the maintenance of or repairs or minor alterations to lifts or escalators; or

            (f)         the carrying out of maintenance or repairs of a routine or minor nature by employees for an employer, or another person under an arrangement with a labour hire agency, who is not substantially engaged in the industry described in this interpretation;

        day of service means any day on which an employee is entitled to receive ordinary pay and includes any day on which the employee in question is —

            (a)         on long service leave under this Act;

            (b)         on annual leave in excess of 4 weeks in any period of 12 months;

            (c)         on paid sick leave;

        employee means —

            (a)         a person who is employed under a contract of service in a classification of work referred to in a prescribed industrial instrument relating to the construction industry that is a prescribed classification; or

            (b)         an apprentice;

        employees register means the register of employees established and maintained under Part IV;

        employer means —

            (a)         a natural person, firm or body corporate who or which engages persons as employees in the construction industry; or

            (b)         a labour hire agency which arranges for a person who is a party to a contract of service with the agency ( person A ) to do work in the construction industry for another person ( person B ), even though person A is working for person B under an arrangement between the agency and person B,

        but does not include a Minister, authority or local government prescribed under subsection (4)(c);

        employers register means the register of employers established and maintained under Part IV;

        industrial instrument means —

            (a)         an award, industrial agreement or order made under the Industrial Relations Act 1979 ; or

            (b)         an award, determination, enterprise agreement or order made under the Fair Work Act 2009 (Commonwealth); or

            (c)         an award, determination or agreement given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Commonwealth),

        irrespective of whether or not the instrument has, since it was made or given continuing effect, ceased to be in force;

        inspector means a person engaged or appointed under section 44(1);

        labour hire agency means a person or entity that conducts a business of the kind commonly known as a labour hire agency;

        member means a member of the Board and includes the chairman;

        ordinary pay , of a person, means the rate of pay (disregarding any leave loading) to which the person is entitled for leave (other than long service leave) to which the person is entitled;

        prescribed means prescribed by regulations made under this Act;

        training contract means a contract that complies with the Vocational Education and Training Act 1996 section 60E;

        union means an organization of workers or employees registered under the Fair Work (Registered Organisations) Act 2009 (Commonwealth) or the Industrial Relations Act 1979 ;

        WAIRC means The Western Australian Industrial Relations Commission continued and constituted under the Industrial Relations Act 1979 ;

        year of service means a year of service as determined in accordance with section 21(2).

        (2)         The Minister may by Order published in the Government Gazette fix a day as the appointed day for the purposes of subsection (1).

        [(3)         deleted]

        (3a)         For the purposes of the definition of ordinary pay in subsection (1), if the person is not entitled to paid leave (other than long service leave), the ordinary pay of the person is the rate of pay to which the person is entitled for ordinary hours of work.

        (4)         The regulations may prescribe —

            (a)         any classification of work referred to in a prescribed industrial instrument to be a prescribed classification of work for the purposes of the definitions of apprentice and employee ;

            (b)         any industrial instrument made with respect to employment in the construction industry to be a prescribed industrial instrument for the purposes of this Act;

            (c)         a Minister in the Government, an authority, whether a body corporate or not, constituted by a written law or a local government, not to be an employer, or not to be an employer in respect of prescribed employees of that Minister, authority or local government, for the purposes of the definition of employer in subsection (1).

        [Section 3 amended: No. 30 of 1989 s. 4; No. 14 of 1996 s. 4; No. 57 of 1997 s. 38; No. 10 of 2001 s. 44; No. 36 of 2006 s. 44; No. 53 of 2011 s. 5.]