Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
2.1 What is the contract cleaning industry ?
The "contract cleaning industry" is—
(a) in relation to the ACT—the industry in which employers provide cleaning work to other people through the provision of workers' services; and
(b) in relation to a reciprocating State—the contract cleaning industry within the meaning of the corresponding law of the State.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
In this Act:
"cleaning work"—
(a) means—
(i) work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or
(ii) work, or an activity, declared to be work in the contract cleaning industry under section 12 (Declarations by Minister—additional coverage of Act); but
(b) does not include work or an activity declared not to be work under section 13 (Declarations by Minister—limitation to coverage of Act).
2.3 Recognised service —contract cleaning industry
(1) In this schedule:
"recognised service", for a registered worker in the contract cleaning industry, means the total number of days of service credit for all of the service periods of the worker less any days of service credit that the worker—
(a) has been granted long service leave for; or
(b) has received a payment for instead of long service leave.
(2) A registered worker for the contract cleaning industry is taken to have completed a year of recognised service for each 365 days of recognised service.
2.4 Service credit—contract cleaning industry— s 64
(1) A registered worker for the contract cleaning industry is to be credited in the workers register with 1 day of service for each day (including a day when the worker does not carry out cleaning work) in each service period of the worker on or after the worker's registration day.
Example
A day when a worker attends a court in accordance with a summons to serve as a juror or a subpoena to give evidence or produce documents is a day in the service period for the worker when the worker does not carry out cleaning work.
Note 1 Prior service is also credited in the workers register in accordance with, for employees, s 47, and for contractors, s 48.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(2) However, the registrar must not enter more than 365 days of service in the workers register for the worker for the financial year.
2.4A Service period —contract cleaning industry
(1) A service period for a person who is a registered worker for the contract cleaning industry is a continuous period—
(a) beginning on the day when the person becomes a worker for the industry; and
(b) ending on the day when the person stops being a worker for the industry.
(2) For subsection (1), a person stops being an employee for an employer for the industry at the end of a quarter if—
(a) if the employee was an employee of only 1 employer for the industry in the quarter—the employer's return under section 49 for the following quarter shows no ordinary remuneration for the employee; or
(b) if the employee was an employee of 2 or more employers for the industry in the quarter—none of the employers' returns under section 49 for the following quarter shows ordinary remuneration for the employee.
(3) Despite subsection (1), a registered worker's service period is not taken to end if a person stops being a worker because—
(a) of incapacity for an injury for which the worker is entitled to compensation under the Workers Compensation Act 1951
; or
(b) if the worker is an employee—the employee has been dismissed by an employer to ensure that the employee does not take long service leave while in the employer's employment; or
(c) if the worker is a contractor—the contractor's engagement by the employer is ended to ensure that the contractor does not take long service leave while engaged by the employer.