Interpretation

Current

(1)

In this Act—

allowable absence, in relation to a designated worker, means an absence of the worker from work, being an absence of a kind prescribed by the regulations to be an allowable absence;

approved form means a form approved by the CEO;

authorised officer means a person appointed as an authorised officer under section 63;

CEO means the chief executive officer of each industry board under section 17(1);

civil penalty—see section 56;

community services are services—

(a)

that qualify under Schedule 2;

(b)

that are prescribed by the regulations;

community services sector means the area of work within the community that involves the provision of community services;

Construction

Industry Board means the Construction Industry Long Service Leave Board established under the Construction

Industry Long Service Leave Act 1987;

contract of service includes a contract of training;

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

designated sector means a sector in relation to which an industry board is established;

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

director of a body corporate includes—

(a)

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

(b)

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;

effective service means a period of service as a designated worker credited under this

Act;

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

industry board means a board established under Schedule 1;

industry fund—see section 41;

levy includes an amount assessed by an industry board under section 50;

Maximum civil penalty—

see section 56;

ordinary weekly pay—see subsection (4);

preservation period means—

(a)

in reference to a person who has an effective service entitlement of less than 60 months—24 months; or

(b)

in reference to a person who has an effective service entitlement of 60 months 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;

quarter means a period of 3 months commencing on any of the following:

(a)

January;

(b)

April;

(c)

July;

(d)

October;

registered employer means a person registered as an employer under Part 3

Division 1;

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

relevant designated sector—see section 8(1)(a);

relevant industry board means—

(a)

in relation to a designated worker—the industry board for the designated sector that applies to the worker in the particular circumstances; or

(b)

in relation to an employer in a designated sector—the industry board for the designated sector;

return period means each quarter that constitutes a return period under section 49.

(2)

For the purposes of this Act—

(a)

a reference to the industry board for a designated sector is a reference to the industry board constituted in relation to the sector; and

(b)

a reference to the designated sector of an industry board is a reference to the designated sector in relation to which the board is constituted.

(3)

For the purposes of this Act, a person will be taken to have worked for a day if the person spends at least the prescribed number of consecutive hours engaged in employment to which this Act applies during any 24 hour period.

(4)

Subject to this Act, a person's ordinary weekly pay will be an amount determined by averaging the person's weekly earnings as a designated worker over the period of 3 years immediately preceding the relevant date, subject to the following qualifications:

(a)

a week in which the person did not work as a designated worker must be disregarded;

(b)

if the person has not worked as a designated worker at all during the period of 12 months immediately preceding the relevant date, the person's ordinary weekly pay will be taken to be an amount determined by averaging the person's weekly earnings as a designated worker over the period of 3 years immediately preceding the end of the last return period in which the person worked in the relevant designated sector;

(c)

the regulations may—

(i)

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

(ii)

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

(d)

if, but for this paragraph, a person's ordinary weekly pay would be less than an amount prescribed by the regulations, the person's ordinary weekly pay will be fixed at that amount.

(5)

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

This Act’s bill:Second reading speech

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3 Interpretation