1Short title
This Act may be cited as the Construction Industry Long Service
Leave and Benefits Act 2005.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Construction Industry Long Service
Leave and Benefits Act 2005.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The object of this Act is to provide for the entitlements to long service leave and long service benefits for construction workers through a scheme that:
(a) recognises the particular circumstances of the construction industry and construction workers in the Territory;
allows, through intergovernmental agreements:
(i) credits accrued under the scheme to be recognised by a similar scheme of a State; and
(ii) credits that were accrued under such a similar scheme to be recognised by the scheme; and
(c) is funded primarily by a levy on construction work carried out in the Territory.
This Act does not permit a person to claim, for the same period during which the person is employed or engaged to carry out construction work, both:
an entitlement under this Act to long service leave or a long service benefit; and
a similar entitlement under another law (including an award or an agreement under that law).
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5A
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
In this Act:
annual certificate means an annual certificate given by the Registrar under section 14 or 31.
approved form means a form approved by the Registrar under section 79.
Board means the Board established by section 53.
Board member means a member of the Board appointed under section 54.
Chairperson means the Chairperson of the Board appointed under section 54.
Construction Employers Register means the Register established by section 25.
construction work has the meaning in section 7.
construction worker means a natural person who carries out construction work either as an employee or as a contractor.
Construction Workers Register means the Register established by section 9.
contractor means a person who carries out work for a fee or reward on the person's own account.
contractor pay rate means a contractor pay rate worked out in accordance with the Determinations made for section 20(6)(b).
cost, of construction work, has the meaning in section
37.
day of service has the meaning in section 15(3).
Determinations means the determinations made by the
Board under section 57.
employee means a natural person who carries out work under a contract of service or apprenticeship.
employee pay rate means an employee pay rate worked out in accordance with the Determinations made for section 19(4)(b).
employer means a person who employs an employee under a contract of service or apprenticeship.
identity card means an identity card for the Registrar or a delegate of the Registrar under section 82.
levy means the long service levy imposed by section 32.
levy rate means the percentage prescribed by the
Regulations for section 33.
long service benefit means:
a payment by the Board under section 19 to a registered employee;
or
a payment by the Board under section 20 to a registered contractor; or
a payment by the Board under section 21 in relation to a deregistered person; or
a payment by the Board under section 22 to a registered worker who has ceased to carry out construction work.
LSL credits, for a registered worker, has the meaning in section 16(2).
personal representative includes the Public Trustee under the Public Trustee Act 1979.
previous service:
in relation to a reciprocal scheme – has the meaning in section 87; and
in relation to a transitional employee within the meaning of section 94(1) – has the meaning in section 94(1).
public holiday has the same meaning as in the Public
Holidays Act 1981.
qualifying service has the meaning in section 15.
reciprocal agreement means an agreement declared by the
Minister to be a reciprocal agreement under section 86(3).
reciprocal authority, in relation to a reciprocal agreement, means the person or body mentioned in section 86(2)(a).
reciprocal scheme in relation to a reciprocal agreement, means the scheme mentioned in section 86(1)(a).
registered contractor means a person who is registered as a contractor under section 11 (whether or not the person is also registered as an employee under that section).
registered employee means a person who is registered as an employee under section 11 (whether or not the person is also registered as a contractor under that section).
registered employer means a person who is registered as an employer under section 26.
registered worker has the meaning in section 9(3).
Registrar means the Registrar appointed under section
76.
Scheme has the meaning in section 8.
site, in relation to construction work, means a site in the Territory (whether on land or off-shore) at which the construction work is to be or is being carried out.
State means a State or another Territory of the
Commonwealth.
Except as the Regulations otherwise provide, construction work has the same meaning as in the Construction Contracts (Security of
Payments) Act 2004.
For this Act, the Scheme consists of the provisions that:
(a) are in this Act, the Regulations, the Determinations or any arrangements arising from this Act; and
relate to the following:
(i) the registration of construction workers and employers of construction workers;
(ii) the entitlements to long service leave and long service benefits for registered workers;
the obligations of registered workers and registered employers;
the recognition of previous service for registered workers;
the imposition, assessment and collection of the levy.
There is to be a Construction Workers Register.
(2) The Registrar must include in the Register the following information:
the name of each registered worker;
each registered worker's qualifying service and LSL credits;
(c) any other information about each registered worker as is required by the Determinations.
For this Act, a registered worker is a person who:
(a) is registered as an employee (whether or not the person is also registered as a contractor); or
(b) is registered as a contractor (whether or not the person is also registered as an employee).
A person may apply to be registered as an employee if:
(a) the person is employed to carry out construction work in the Territory; and
either:
(i) the person's work description or classification is covered by clause 1.8, 5.1 or 5.11 of the Building and Construction Industry (Northern Territory) Award 2002 (as in force from time to time); or
(ii) the nature of the work (including the circumstance in which the work is carried out) is specified in the Determinations; and
the work is not:
(i) to be carried out by the person in a managerial, clerical, administrative or professional capacity (for example, as an architect or engineer); or
otherwise excluded by the Determinations; and
the person is not employed to carry out the work:
(i) by the Territory, a local government council or a statutory corporation; or
(ii) by the Commonwealth, a State or a body corporate established for a public purpose by a law of the Commonwealth or of a State; or
(iii) by any other person or body, or in any other circumstance, that is specified in the Determinations.
A person may apply to be registered as a contractor if:
(a) the person is a natural person who is engaged as a contractor to carry out construction work in the Territory; and
subsection (1)(b) and (c) applies in relation to the person; and
(c) the person is not engaged to carry out the work in the capacity of a contractor who:
supplies materials for construction work; or
provides services while supplying such materials; and
(d) the person is not engaged to carry out the work by any of the entities mentioned in subsection (1)(d)(i), (ii) or (iii) or in any other circumstance that is specified in the Determinations.
(3) A registered employer may apply for a person to be registered as an employee if:
(a) the employer employs the person to carry out construction work (whether in the Territory or elsewhere); and
subsection (1)(b), (c) and (d) applies in relation to the person.
(4) An application under subsection (1), (2) or (3) must be made to the Registrar in an approved form.
(1) The Registrar must register a person as an employee or as a contractor (as the case may be) if:
(a) an application for the registration is made under section 10(1), (2) or (3); and
(b) the Registrar is satisfied that the applicant is entitled to make the application.
(2) The registration takes effect from the time when the registration is recorded in the Construction Workers Register.
(3) This section does not prevent the Registrar from registering a person both as an employee and as a contractor where the person carries out construction work:
as an employee during a period of time; and
as a contractor during another period of time.
(4) To avoid doubt, the registration of a person under a reciprocal scheme does not prevent the person from being registered under this section.
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