Preservation of entitlements in certain cases
18 Preservation of entitlements in certain cases
If—
a person who has an effective service entitlement ceases to be employed as a construction worker; and
the person is not entitled to long service leave or a payment for
pro rata long service leave; and
the person commences work as a supervisor in the construction industry within the prescribed period after cessation of his or her employment as a construction worker; and
the person provides notice of his or her work as a supervisor to the Board in accordance with the regulations within six months after the person commences work as a supervisor in the construction industry (or within such longer period as the Board may, in its absolute discretion, allow), the effective service entitlement is preserved.
If the person (or his or her personal representative) satisfies the
Board that the aggregate period of work in the construction industry (as a construction worker and subsequently as a supervisor) totals 1 820 working days or more, the Board must pay to the person (or his or her personal representative) an amount calculated as follows:
where—A is the amount payable
OWP is the person's ordinary weekly pay applicable under this Act
D is the effective service entitlement preserved under subsection (1) (expressed in days).
In this section—
supervisor means a person (other than a person within the ambit of section 5(1)) who is responsible for the daily on site supervision of works.
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