1Short title
This Act may be cited as the Construction Industry Portable Paid Long Service Leave Act 1985.
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This Act was passed before the online parliamentary record we can search begins (1997). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
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This Act may be cited as the Construction Industry Portable Paid Long Service Leave Act 1985.
The provisions of this Act shall come into operation on such day as is or such days as are, respectively, fixed by proclamation.
[(1) deleted]
Where, under the Industrial Relations Act 1979 section 3, that Act applies to and in relation to any construction industry carried on wholly or partly in an offshore area, then —
this Act applies to and in relation to employers and employees in that industry in that area; and
subsection (4) of that section applies with all necessary changes for the purposes of this Act.
[Section 3A inserted: No. 53 of 2011 s. 4; amended: No. 12 of 2025 s. 16.]
In this Act —
appointed day means the day fixed by the Minister under subsection (2);
apprentice means a person who is an apprentice under a training contract that —
provides for training in a classification of work referred to in a prescribed industrial instrument relating to the construction industry that is a prescribed classification; and
is registered under the Vocational Education and Training Act 1996 Part 7 Division 2 or an Act of another State or a Territory that corresponds to that Act;
approved form means a form approved by the Board for the purposes of the provision in which the term is used;
Board means the Construction Industry Long Service Leave Payments Board established under section 5;
books includes any register or other record of information and any accounts or financial records (within the meaning of the Corporations Act 2001 of the Commonwealth), however compiled, recorded or stored and also includes any other document;
chief executive officer means the person, however designated, appointed by the Board under section 13 to carry out the duties and functions of the chief executive officer under this Act;
construction industry means the industry —
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 —
buildings; and
swimming pools and spa pools; and
roads, railways, airfields or other works for the passage of persons, animals or vehicles; and
breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of any harbour, river or watercourse for the purposes of navigation; and
works for the storage or supply of water or for the irrigation of land; and
works for the conveyance, treatment or disposal of sewage or of the effluent from any premises; and
works for the extraction, refining, processing or treatment of materials or for the production or extraction of products and by‑products from materials; and
bridges, viaducts, aqueducts or tunnels; and
chimney stacks, cooling towers, drilling rigs, gas‑holders or silos; and
pipelines; and
navigational lights, beacons or markers; and
works for the drainage of land; and
works for the storage of liquids (other than water) or gases; and
works for the generation, supply or transmission of electric power; and
works for the transmission of wireless or telegraphic communications; and
pile driving works; and
vessels other than self‑propelled vessels; and
temporary or permanent structures, fixtures or works that are used for construction and non‑navigation purposes and that are on self‑propelled vessels; and
structures, fixtures or works for use on or for the use of any buildings, works or vessels of a kind referred to in subparagraphs (i) to (xva); and
works for the preparation of sites for any buildings or works of a kind referred to in subparagraphs (i) to (xvi); and
fences, other than fences on farms;
of carrying out of work referred to in paragraph (a)(i) to (xv) while on a vessel;
of carrying out of work referred to in paragraph (a)(xva) and (xvb) while on the vessel or from another vessel;
of carrying out of work 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;
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,
but does not include —
the carrying out of work involving the construction, erection, installation, reconstruction, re‑erection, renovation, alteration, demolition or maintenance of or repairs to a self‑propelled vessel, other than to structures, fixtures or works of a kind referred to in paragraph (a)(xvb) on the vessel; or
the carrying out of work for a self‑propelled vessel to be operated; or
the maintenance of or repairs or minor alterations to lifts or escalators; or
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 this interpretation;
day of service has the meaning given in section 3B;
employee means —
a person who is employed under a contract of service in a classification of work referred to in a prescribed industrial instrument relating to the construction industry that is a prescribed classification; or
an apprentice;
employees register means the register of employees established and maintained under Part IV;
employer means —
a natural person, firm or body corporate who or which engages persons as employees in the construction industry; or
a labour hire agency which arranges for a person who is a party to a contract of service with the agency (person A) to do work in the construction industry for another person (person B), even though person A is working for person B under an arrangement between the agency and person B,
but does not include a Minister, authority or local government prescribed under subsection (4)(c);
employers register means the register of employers established and maintained under Part IV;
industrial instrument means —
an award, industrial agreement or order made under the Industrial Relations Act 1979; or
an award, determination, enterprise agreement or order made under the Fair Work Act 2009 (Commonwealth); or
an award, determination or agreement given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Commonwealth),
irrespective of whether or not the instrument has, since it was made or given continuing effect, ceased to be in force;
inspector means a person engaged or appointed under section 44(1);
labour hire agency means a person or entity that conducts a business of the kind commonly known as a labour hire agency;
member means a member of the Board and includes the chairperson;
offshore area means an area referred to in the Industrial Relations Act 1979 section 3(3);
on workers compensation has the meaning given in subsection (3C);
operate, in relation to a self‑propelled vessel, means to determine or exercise control over the course or direction of, or the means of propulsion of, the vessel, whether or not the vessel is underway;
ordinary pay, of a person, means the rate of pay (disregarding any leave loading) to which the person is entitled for leave (other than long service leave) to which the person is entitled;
prescribed means prescribed by regulations made under this Act;
self‑propelled vessel means a vessel that, by means of its permanent systems of propulsion and steering, is able to navigate and move on water without being towed or moved by another vessel;
stood down has the meaning given in subsection (3B);
training contract means a contract that complies with the Vocational Education and Training Act 1996 section 60E;
union means an organization of workers or employees registered under the Fair Work (Registered Organisations) Act 2009 (Commonwealth) or the Industrial Relations Act 1979;
vessel —
means any kind of vessel used or capable of being used in navigation by water, however propelled or moved; and
includes the following —
a barge, lighter or other floating vessel;
an air‑cushion vehicle, or other similar vessel, used wholly or primarily in navigation by water;
WAIRC means The Western Australian Industrial Relations Commission continued and constituted under the Industrial Relations Act 1979;
year of service means a year of service as determined in accordance with section 21(2).
The Minister may by Order published in the Government Gazette fix a day as the appointed day for the purposes of subsection (1).
[(3) deleted]
For the purposes of the definition of ordinary pay in subsection (1), if the person is not entitled to paid leave (other than long service leave), the ordinary pay of the person is the rate of pay to which the person is entitled for ordinary hours of work.
An employee is stood down in respect of a day if —
the employee is employed by an employer on the day; and
the employee would usually work in that employment on the day; and
1 of the following applies in relation to that employment —
the employee was given a jobkeeper enabling stand down direction authorised by the Fair Work Act 2009 (Commonwealth) repealed section 789GDC for the day;
the employee is stood down for the day under the Fair Work Act 2009 (Commonwealth) section 524(1);
the employee is stood down for the day under an industrial instrument;
the employee is stood down for the day in prescribed circumstances.
An employee is on workers compensation in respect of a day if —
the employee is employed by an employer on the day; and
the employee would usually work in that employment on the day; and
the employee is entitled to receive income compensation under the Workers Compensation and Injury Management Act 2023 Part 2 Division 3 for a period that includes the day.
For the purposes of the definition of construction industry in subsection (1), a place on water where a vessel is located is taken to be a site.
A reference in this Act to a vessel is a reference to a vessel on water in the State or in an offshore area.
A reference in this Act to an employee does not include a reference to a person on a vessel if the Board is satisfied that, apart from the fact that the person is on the vessel, the person has no substantial connection with the State.
The regulations may prescribe —
any classification of work referred to in a prescribed industrial instrument to be a prescribed classification of work for the purposes of the definitions of apprentice and employee;
any industrial instrument made with respect to employment in the construction industry to be a prescribed industrial instrument for the purposes of this Act;
a Minister in the Government, an authority, whether a body corporate or not, constituted by a written law or a local government, not to be an employer, or not to be an employer in respect of prescribed employees of that Minister, authority or local government, for the purposes of the definition of employer in subsection (1).
[Section 3 amended: No. 30 of 1989 s. 4; No. 14 of 1996 s. 4; No. 57 of 1997 s. 38; No. 10 of 2001 s. 44; No. 36 of 2006 s. 44; No. 53 of 2011 s. 5; No. 12 of 2025 s. 4, 9, 17 and 19.]
A day of service is —
a day in respect of which an employee is entitled to receive ordinary pay, including a day on which the employee is —
on long service leave under this Act; or
on annual leave in excess of 4 weeks in any period of 12 months; or
on paid sick leave;
or
a day in respect of which an employee is stood down, if the employee is —
not employed on a casual basis; or
employed on a casual basis and has worked in that employment on a regular and systematic basis during the period of 12 months ending on the day;
or
a day in respect of which an employee is on workers compensation.
If an employee is stood down for a period exceeding 1 day, the reference in subsection (1)(b)(ii) to the day is a reference to the first day of the period for which the employee is stood down.
[Section 3B inserted: No. 12 of 2025 s. 5.]
This Act binds the Crown in right of the State.
For the purposes of this Act there shall be established a body corporate by the name of the Construction Industry Long Service Leave Payments Board.
Under its corporate name the Board —
has perpetual succession and a common seal;
may sue and be sued in any court;
subject to this Act is capable of doing and suffering all that bodies corporate may do and suffer.
The Board is not an agent of the Crown in right of the State.
Where in any judicial proceedings, whether under this Act or not, a document is produced bearing a seal purporting to be the common seal of the Board the court or tribunal before which those proceedings are brought shall in the absence of proof to the contrary presume that —
the seal is the common seal of the Board; and
the seal was duly affixed.
Regulations made under this Act may make provision as to the use of the common seal.
Subject to this Act the Board shall consist of 7 members appointed by the Minister as follows —
one person who shall be chairperson;
2 persons appointed from among persons whose names are on a panel of 4 names comprised of —
2 names submitted by the Master Builders’ Association of Western Australia; and
2 names submitted by the Chamber of Commerce and Industry of Western Australia (Inc);
2 persons appointed from among persons whose names are on a panel of 4 names comprised of —
2 names submitted by UnionsWA; and
2 names submitted by The Building Trades Association of Unions of Western Australia (Association of Workers);
one person who in the Minister’s opinion represents the interests of employers in the construction industry;
one person who in the Minister’s opinion represents the interests of employees in the construction industry.
Where any of the bodies referred to in subsection (1)(b) or (c) fails to make a nomination within 60 days after being requested in writing by the Minister to do so the Minister may appoint any person considered suitable and any person so appointed shall be deemed to have been nominated pursuant to subsection (1)(b) or (c), as the case may be.
A member shall hold office for such period not exceeding 5 years as is specified in his instrument of appointment.
The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.
Despite subsection (1) —
subject to section 8, each of the persons holding office as a member of the Board under subsection (1)(b) or (c) immediately before the coming into operation of the Industrial Legislation Amendment Act 2011 section 6(1) continues to hold office for the remainder of their term of appointment; and
the Minister is not to appoint a person under subsection (1)(d) until a person referred to in paragraph (a) ceases to hold office as a member under subsection (1)(b); and
the Minister is not to appoint a person under subsection (1)(e) until a person referred to in paragraph (a) ceases to hold office as a member under subsection (1)(c).
The regulations may amend subsection (1)(b) or (c) in order to reflect a change in the name of any body referred to in that paragraph.
[Section 6 amended: No. 8 of 2009 s. 39; No. 53 of 2011 s. 6; No. 12 of 2025 s. 10.]
If —
a member appointed under section 6(1)(b) or (c) is absent or temporarily incapable of fulfilling the duties of a member; or
the office of a member appointed under section 6(1)(b) or (c) is vacant,
the Minister may, on the nomination of the relevant body referred to in section 6(1)(b) or (c), appoint a person to act in the place of that member during that absence or incapacity, or until the vacancy is filled, as the case requires.
A nomination for the purposes of subsection (1) may be made from time to time and may be expressed to operate for a period or in such circumstances as are specified in the instrument of nomination.
If —
the chairperson or a member appointed under section 6(1)(d) or (e) is absent or temporarily incapable of fulfilling the duties of a member; or
the office of the chairperson or a member appointed under section 6(1)(d) or (e) is vacant,
the Minister may appoint a person to act in the place of that member.
While acting in the place of a member under this section an acting member has all the functions and entitlements of the member.
The appointment of a person as an acting member or as acting chairperson may be terminated at any time by the Minister.
The validity of anything done by a person purporting to act in accordance with this section shall not be called in question on the ground that the occasion for his appointment had not arisen or had ceased, that there is a defect or irregularity in or in connection with his appointment or that the appointment had ceased to have effect.
[Section 7 amended: No. 53 of 2011 s. 7; No. 12 of 2025 s. 11.]
The Minister may remove a member from office on the grounds of —
mental or physical inability to carry out the duties of the office in a satisfactory manner; or
neglect of duty; or
misconduct; or
absence, without leave of the Minister or an excuse which is satisfactory to the Minister, from 3 consecutive meetings of the Board of which the member has had notice.
The office of a member becomes vacant if —
he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
the member is removed from office by the Minister under subsection (1); or
[(c) deleted]
he resigns his office by written notice addressed to the Minister; or
being a member appointed under section 6(1)(b) or (c) the body by whom he was nominated withdraws its nomination; or
he dies.
Subject to this Act where a vacancy occurs in the office of a member otherwise than by effluxion of time the Minister may appoint an eligible person to fill the vacancy but any person so appointed holds office only for the balance of the term of his predecessor.
[Section 8 amended: No. 18 of 2009 s. 21; No. 53 of 2011 s. 8.]
A member is entitled to such fees and allowances as the Minister determines from time to time after consultation with the Public Sector Commissioner.
If a member so requests, the Board may pay a fee or allowance to which the member is entitled to the principal employer of the member.
Payment of a fee or allowance at a member’s request under subsection (1A) does not affect the member’s duty to act as a member of the Board under this Act.
Acceptance of, or acting in the office of a member shall not of itself render the provisions of Part 3 of the Public Sector Management Act 1994 or any other Act applying to persons as officers of the Public Service or employees of a State instrumentality applicable to that member or affect or prejudice the application to the member of those provisions if they applied to the member at the time of the acceptance of, or acting in, that office.
[Section 9 amended: No. 32 of 1994 s. 3(2); No. 39 of 2010 s. 89; No. 12 of 2025 s. 12.]
The chairperson may, and shall whenever so requested by the Minister or by not less than 2 members, convene a meeting of the Board to be held at a time and place determined by the chairperson.
The chairperson must preside at any meeting of the Board at which the chairperson is present.
If the chairperson is not present at a meeting of the Board the following person must preside at the meeting —
if a person has been appointed under section 7(3) to act in the place of the chairperson — that person;
otherwise — the member elected by the members present to preside at the meeting.
At a meeting of the Board —
5 members constitute a quorum;
where any question requiring a vote arises the question shall be decided by a majority of the votes of the members present.
Subject to the presence of a quorum the Board may act notwithstanding any vacancy in its membership.
A member who has a pecuniary interest, whether direct or indirect, in any matter to be considered by the Board shall declare the nature of that interest at every meeting at which the matter is considered and shall not take part in deliberations or vote on the matter.
Notwithstanding anything in subsection (6) a member who is a registered employee and a member who is an employee or director or shareholder in any body corporate that is an employer is not required to disclose that fact and is not disqualified from taking part in or voting on any matter by reason only of that fact.
To the extent that they are not prescribed the Board may determine its own procedures.
The Board shall cause minutes to be kept of the proceedings at all meetings of the Board.
The presence of a member at a meeting of the Board need not be by attendance in person but may be by that member and each other member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.
[Section 10 amended: No. 12 of 2025 s. 13.]
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