Construction Industry Long Service Leave Act 1987

Subject to this section and

or

.

A person is within the ambit of this subsection if—

the person works under a contract of service in the construction industry; and

—

an award referred to in

the person works on site as a foreman and within 12 months before commencing work as a foreman the person worked in some other capacity as a construction worker under an award referred to in

—

the employment involves on site work that makes up the whole, or a proportion of at least one-half, of the period of employment over—

in the case of a person employed for less than

in the case of a person employed for 1 month or more but less than 3 months—the first month of employment;

in the case of a person employed for 3 months or more—any 3 month period of employment; or

in the case of a foreman, the on site employment involves supervising other employees who work on the site, but without affecting any accrued effective service entitlement, this subsection ceases to apply to the employment if the employee has not worked on site for the last three months or, in the case of a foreman, has not gone on site in the performance of his or her functions as a foreman for the last three months (disregarding any period during which the employee is absent from work as a result of an allowable absence).

A person is within the ambit of this subsection if—

the person works under a contract of service in the construction industry; and

an award referred to in

the person's employer has registered with the Board as an employer for the purposes of this Act; and

the person's employer and the Board have agreed that the Act should apply to the person.

A person is within the ambit of this subsection if—

the person has been employed as a construction worker within the ambit of subsections (1) or

; and

the person is seconded to a relevant association to act as an officer or employee of the association after being granted leave without pay by an employer in the construction industry; and

the relevant association is registered with the Board for the purposes of this provision; and

the person is not (and does not become) a member of the governing body of the relevant association, but without affecting an accrued effective service entitlement, this subsection ceases to apply to the person if the person attains an effective service entitlement of 2 600 days.

Where this Act applies to employment by virtue of subsection (1)(c)(i)(C), it will be taken to have commenced to apply from the commencement of the three-month period referred to in that subsection.

Where this Act applies to employment by virtue of subsection (1b), the relevant association will be taken to be the employer of the person (as a construction worker) for the purposes of this Act.

Despite subsection (1aa),

Where—

a person carries out construction work on premises owned or occupied by his or her employer (not being premises intended for subsequent sale or lease); and

that is the sole construction work in which the person is engaged by that employer, this Act does not apply to that employment.

Subsections (1) and (1a) do not apply in relation to a person who—

is employed in the civil construction industry as defined in the

falls within any class of employees excluded from the operation of that subsection by the regulations.

This Act does not apply in relation to employment by—

the Crown;

an agency or instrumentality of the Crown;

a council;

a prescribed employer or an employer of a prescribed class.

A regulation cannot be made for the purposes of this section except after consultation with, or on the recommendation of, the

In this section—

a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;