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s 3A

Building and construction industry

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3A Building and construction industry

(1)

Building and construction industry means the industry —

(a)

of carrying out on a site the construction, erection, installation, reconstruction, re‑erection, renovation, alteration, demolition or maintenance of or repairs to any of the following —

(i)

buildings;

(ii)

swimming pools and spa pools;

(iii)

roads, railways, airfields or other works for the passage of persons, animals or vehicles;

(iv)

breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of any harbour, river or watercourse for the purposes of navigation;

(v)

works for the storage or supply of water or for the irrigation of land;

(vi)

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

(vii)

works for the extraction, refining, processing or treatment of materials or for the production or extraction of products and by‑products from materials;

(viii)

bridges, viaducts, aqueducts or tunnels;

(ix)

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

(x)

pipelines;

(xi)

navigational lights, beacons or markers;

(xii)

works for the drainage of land;

(xiii)

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

(xiv)

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

(xv)

works for the transmission of wireless or telegraphic communications;

(xvi)

pile driving works;

(xvii)

structures, fixtures or works for use on or for the use of any buildings or works of a kind referred to in subparagraphs (i) to (xvi);

(xviii)

works for the preparation of sites for any buildings or works of a kind referred to in subparagraphs (i) to (xvii);

(xix)

fences, other than fences on farms;

(b)

of carrying out of works on a site of the construction, erection, installation, reconstruction, re‑erection, renovation, alteration or demolition of any buildings or works of a kind referred to in paragraph (a) for the fabrication, erection or installation of plant, plant facilities or equipment for those buildings or works;

(c)

of carrying out of work performed by employees engaged in the work referred to in paragraph (a) or (b) and that is normally carried out on site but which is not necessarily carried out on site.

(2)

However, building and construction industry does not include the following —

(a)

the carrying out of any work on ships;

(b)

the maintenance of or repairs or minor alterations to lifts or escalators;

(c)

the carrying out of maintenance or repairs of a routine or minor nature by employees for an employer, or another person under an arrangement with a labour hire agency, who is not substantially engaged in the industry described in subsection (1).

Note for this section:

This section is based on the definition of construction industry in the Construction Industry Portable Paid Long Service Leave Act 1985 section 3(1) as in force immediately before the commencement of the Construction Industry Portable Paid Long Service Leave Amendment Act 2025 Part 5.

[Section 3A inserted: No. 12 of 2025 s. 23.]

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