Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY AMENDMENT ACT 2018 (NO. 26 OF 2018) - SECT 4

before subdivision 5.3.1, insert

Subdivision 5.3.1A     Definitions

49A     Meaning of major construction project —pt 5

    (1)     For this part, a major construction project is a project involving construction work with a contract price that is more than—

        (a)     $5 000 000; or

        (b)     if a regulation prescribes another amount—the prescribed amount.

    (2)     However, a "major construction project" does not include a project in which construction work involves only the construction of a single dwelling house.

    (3)     In this section:

"construction work"—see the Work Health and Safety Regulation 2011

, dictionary.

"contract price", for a major construction project—

        (a)     means the contract price agreed with the principal contractor before work starts on the project; but

        (b)     does not include any variations to the contract price made during the project.

49B     Meaning of principal contractor —pt 5

    (1)     In this part, a person conducting a business or undertaking that commissions a major construction project is, subject to this section, the principal contractor for the project.

    (2)     If the person mentioned in subsection (1) engages another person conducting a business or undertaking as principal contractor for the major construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this division, the person so engaged is the principal contractor for the project.

    (3)     A construction project has only 1 principal contractor at any specific time.

Note     A person with management or control of a workplace must comply with s 20.

49C     Meaning of eligible union —div 5.3

    (1)     In this division:

"eligible union", for a major construction project, means a registered employee association that is eligible to represent the industrial interests of 1 or more workers carrying out work in connection with the project.

    (2)     In this section:

"registered employee association"—see the Fair Work Act 2009

(Cwlth), section 12.