Building and Construction Industry (Portable Long Service Leave) Act 1991

This Act may be cited as the Building and Construction Industry (Portable Long Service Leave) Act 1991.

s 2 om 1998 No. 13 s 30

The dictionary in the schedule defines particular words used in this Act.

The building and construction industry is the industry of constructing, deconstructing, reconstructing, renovating, altering, demolishing, relocating, maintaining or repairing any of the following—

buildings;

spa pools and swimming pools;

roads, railways, airfields or other works for the passage of anything;

breakwaters, docks, jetties, piers or wharves;

works for solid waste disposal;

works for subdividing or developing land;

works for the improvement or alteration of a harbour, river or watercourse for navigation purposes;

works for the storage or supply of water or for flood mitigation;

works for the irrigation of land;

works for the conveyance, treatment or disposal of sewage or of the effluent from any premises;

works for extracting, refining, processing or treating materials or for producing or extracting products and by-products from materials;

works for conveying products, by-products or materials;

works for the drainage of land;

works for the storage of liquids, other than water, or gases;

works for the generation, supply or transmission of electric power;

works for telecommunication or for the transmission of radio or television;

bridges, viaducts, aqueducts or tunnels;

chimney stacks, cooling towers, drilling rigs, gas holders or silos;

pipe lines;

navigational lights, beacons or markers;

pile driving works;

sporting or recreational facilities;

earthworks, other than for farming;

fences, other than fences on farms;

structures, fixtures or other works not included in paragraphs (a) to (x), but not including earthworks for farming or fences on farms.

The building and construction industry also includes landclearing and site preparation, other than for farming.

The building and construction industry also includes the industry of, whether on or off site—

constructing a thing, other than ordinary stock for sale, in accordance with working drawings; or

deconstructing, reconstructing, renovating, altering, demolishing, relocating, maintaining or repairing a thing, other than ordinary stock for sale, constructed in accordance with working drawings.

The building and construction industry does not include the industry of performing maintenance or repairs of a minor nature to anything mentioned in subsection (1) or (3) for a person not substantially engaged in activity mentioned in subsection (1), (2) or (3).

An eligible worker is an individual who—

under a contract of service is engaged to perform work in the building and construction industry for the majority of the person’s ordinary hours of work; or

under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform work in the building and construction industry, for labour only or substantially for labour only, for the majority of the person’s ordinary hours of work; or

under a contract, whether or not the contract is a contract of service, performs work in the building and construction industry for the majority of the person’s ordinary hours of work, unless—

the individual—

is paid to achieve a stated result or outcome; and

has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and

is, or would be, liable for the cost of fixing a fault with the work performed; or

a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.

Also, eligible worker includes—

an individual who is engaged to perform both work and supervision of other workers in the building and construction industry, whether or not the individual is known as a supervisor, leading hand or another title; and

an individual who is appointed as a safety officer by the person conducting a business to advise the person in relation to work health and safety duties under the Work Health and Safety Act 2011, in relation to building and construction work, whether or not the individual performs or usually performs building and construction work.

This section is subject to section 3B.

An individual is not an eligible worker if—

the individual performs work in the building and construction industry—

in a managerial, clerical, professional or ancillary capacity; or

under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or

under a contract of service with a government entity or a local government; or

the individual is engaged under a contract of service with a non-Queensland government entity; or

a regulation declares the individual is not an eligible worker because the work the individual performs is subject to stated coverage under a stated industrial instrument within the meaning of the Industrial Relations Act 2016; or

the individual performs qualifying service within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cwlth), section 39A(2).

Also, an individual who would otherwise be an eligible worker under section 3A(1) or (2) is not an eligible worker if the individual is engaged to perform building and construction industry work by—

a government entity; or

a local government; or

Mount Isa Mines Limited ACN 009 661 447; or

a person who is not substantially engaged in the building and construction industry.

Subsection (2)(d) does not apply if the individual is a party to a contract with a labour hire agency that arranges for the individual to perform building and construction work for someone else under an arrangement between the agency and the other person.

In this section—

arrangement includes agreement, promise, scheme, transaction, understanding and undertaking, whether express or implied.

A person is substantially engaged in the building and construction industry if the person—

is ordinarily engaged in work in the building and construction industry as part of the person’s usual business activities; or

is ordinarily ready to perform, for reward, work in the building and construction industry.

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

The Building and Construction Industry (Portable Long Service Leave) Authority is established.

The authority—

is a body corporate; and

has a seal; and

may sue and be sued in its corporate name.

The authority does not represent the State.

The authority may operate under a trading name prescribed under a regulation.

The authority’s primary functions are—

to provide an equitable and efficient system of portable long service leave for eligible workers in the building and construction industry; and

to collect building and construction industry training levy payable under this Act for payment to a building and construction industry training fund under this Act; and

to act as an agent in collecting fees and charges payable under other Acts.

The other functions of the authority are—

to provide educational and awareness programs to the building and construction industry to encourage worker membership and industry compliance with this Act; and

to give advice and make recommendations to the Minister on issues affecting the provision of long service leave in the industry and the operation of this Act; and

to perform other functions given to the authority under this or another Act; and

to perform functions incidental to its other functions; and

other functions prescribed under a regulation.