Interpretation

In force

(1)

In this Act, unless the contrary intention appears—

actuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia;

agreement means—

(a)

an enterprise agreement under the Fair Work Act 1994; or

(b)

an enterprise agreement under the Fair Work Act 2009 of the Commonwealth;

(c)

an agreement given continuing effect under the

Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 of the

Commonwealth;

allowable absence, in relation to a construction worker, means an absence of that worker from work, being an absence of a kind declared by regulation to be an allowable absence;

apprentice includes a trainee under a contract of training for a trade;

award includes—

(a)

an award or order of SAET;

(b)

an award, determination or order of Fair Work Australia under the

Fair Work Act 2009 of the Commonwealth;

(c)

an award or determination given continuing effect under the

Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 of the

Commonwealth;

the Board means the Construction Industry Long

Service Leave Board;

builder means a person who carries out building work;

building includes part of a building;

building industry means the industry of carrying out building work;

building site means a place at which building work is carried out and includes any adjacent work area;

building work means—

(a)

the construction or erection of a building or structure that is or is to be fixed to the ground and wholly or partially fabricated on site;

(b)

any preliminary site preparation work (including pile driving) for the construction or erection of any such building or structure;

(c)

the alteration, maintenance, repair or demolition of any building or structure;

(d)

the laying of pipes and other prefabricated materials in the ground, and any associated excavation work;

CEO means the chief executive officer of the

Board engaged or appointed under section 13;

construction industry means the building industry or the electrical and metal trades industry;

construction worker means a person to whose employment this Act applies (see section 5) and includes a former construction worker;

contract of service includes a contract of training for a trade;

corresponding law means a law of another State, or of a Territory, of the Commonwealth declared by regulation to be a corresponding law;

effective service means a period of service as a construction worker credited under this Act;

the electrical and metal trades industry means the industry of carrying out electrical or metal trades work;

electrical or metal trades work means on site work that involves—

(a)

electrical or metal work associated with—

(i)

the construction or erection of a building or structure that is to be fixed to the ground and wholly or partially constructed on site;

(ii)

the alteration or demolition of a building or structure;

(b)

the construction, erection, installation, extension, alteration or dismantling of—

(i)

a transmission or distribution line, or plant, plant facility or equipment used in connection with the supply of electricity; or

(ii)

an air-conditioning, ventilation or refrigeration system;

(iii)

data and communication cabling; or

(iv)

security alarm equipment; or

(c)

the construction, erection, installation, extension, alteration, servicing, repairing, replacing of parts or dismantling of a lift or escalator;

(d)

electrical or metal work associated with other engineering projects (whether or not within the ambit of a preceding paragraph);

employer means a person by whom a construction worker is employed;

the Fund means the Construction Industry

Fund referred to in Part

inspector means a person appointed as an inspector under this Act;

levy includes any amount assessed by the Board under section 28;

ordinary weekly pay—see subsection (3);

the prescribed period means—

(a)

in reference to a person who has an effective service entitlement of less than 1 300 days—24 months;

(b)

in reference to a person who has an effective service entitlement of 1 300 days or more—36 months;

public sector agency means—

(a)

an administrative unit under the Public Sector Act 2009 (including the

Chief Executive of such an administrative unit); or

(b)

an agency or instrumentality of the Crown;

the relevant date means the date as at which a person's ordinary weekly pay is to be determined;

the repealed Act means the Long

Service Leave (Building Industry) Act 1975 repealed by this Act;

return period means a return period under section 27(1);

SAET means the South Australian Employment

Tribunal established under the South

Australian Employment Tribunal Act 2014;

special rates or allowances means—

(a)

remuneration categorised by an award or agreement as special rates or allowances;

(b)

remuneration categorised by the regulations as special rates or allowances;

structure includes—

(a)

a tank or other structure for the storage or supply of water;

(b)

sewerage or effluent drains and associated structures;

(c)

a bridge, viaduct, aqueduct or tunnel;

(d)

a chimney stack or cooling tower;

(e)

a silo;

(f)

a dock, jetty, pier or wharf.

(2)

For the purposes of this Act, a person will be taken to have worked for a day if (and only if) the person spends five or more consecutive hours engaged in employment to which this Act applies (and then each such period of five or more consecutive hours will be taken to be a day under this Act).

(3)

Subject to this Act, a person's ordinary weekly pay will be—

(a)

if at the relevant date the person is being paid under an award for work in the construction industry—the weekly base rate of pay for ordinary hours prescribed by the award for work of the kind performed by the person as a construction worker at the relevant date;

(b)

in any other case—an amount determined by averaging the person's weekly earnings as a construction worker over the period of 52 weeks immediately preceding the relevant date, subject to the following qualifications:

(c)

a week in which the person did not act as a construction worker must be disregarded for the purposes of paragraph (b); and

(d)

the regulations may—

(i)

declare payments made to or for the benefit of a construction worker that must be included for the purposes of any determination or calculation under this subsection; and

(ii)

declare payments made to or for the benefit of a construction worker that must be excluded for the purposes of any determination or calculation under this subsection; and

(e)

if the person has not been a construction worker at all during the period of 52 weeks immediately preceding the relevant date, the person's ordinary weekly pay will be taken to be an amount that represents the average ordinary weekly pay that was applicable under this Act for all persons engaged in the kind of work last performed by the person as a construction worker who took leave or received an entitlement in the financial year immediately preceding the relevant date.

(4)

Unless otherwise specified, ordinary weekly pay will be determined as at the end of the last completed return period under this

Act.

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4 Interpretation