Victorian Current Acts

LONG SERVICE BENEFITS PORTABILITY ACT 2018 - SECT 3

In this Act—

"appointed member", of the Governing Board, means a member of the Governing Board appointed under section 37(2)(a);

"approved form" means a form approved by the Authority under section 76;

"authorised officer" means a person appointed under section 59 ;

"Authority" means the Portable Long Service Benefits Authority established by section 35;

"chairperson "means the chairperson of the Governing Board appointed under section 39(1)(a);

"cleaning work"—see clause 2 of Schedule 2;

"community service work"—see clause 2 of Schedule 1;

"community services sector"—see clause 1 of Schedule 1;

"contract cleaning industry"—see clause 1 of Schedule 2;

"contract worker"—

        (a)     for a covered industry other than the community services sector, has the meaning given by the covered industry schedule for that industry; and

        (b)     if regulations referred to in section 79(3) are in effect, has the meaning given in those regulations in relation to the community services sector;

"corresponding law" means a law of another State or a Territory that provides for portability of long service benefits in one or more covered industries;

"covered industry" means each of the following—

        (a)     the community services sector;

        (b)     the contract cleaning industry;

        (c)     the security industry;

"covered industry schedule" means—

        (a)     for the community services sector—Schedule 1;

        (b)     for the contract cleaning industry—Schedule 2;

        (c)     for the security industry—Schedule 3;

"day"—

        (a)     in relation to a worker covered by an employment agreement, has the same meaning as in the employment agreement; or

        (b)     in any other case, means 24 hours;

"deputy chairperson "means the deputy chairperson of the Governing Board appointed under section 39(1)(b);

"employee", for a covered industry, has the meaning given by the covered industry schedule for that industry;

"employer", for a covered industry, has the meaning given by the covered industry schedule for that industry;

"employers register", for a covered industry, means the register kept under section 7(1)(a) for the industry;

"employment agreement"—

        (a)     in relation to an employee, means the agreement (whether written or oral) under which the employee is employed and includes—

              (i)     a fair work instrument; and

              (ii)     a fair work instrument given continuing effect under the Fair Work Transition Act;

        (b)     in relation to a contract worker, means the agreement (whether written or oral) under which the contract worker is engaged;

"Fair Work Act" means the Fair Work Act 2009 of the Commonwealth;

"fair work instrument" has the same meaning as in section 12 of the Fair Work Act;

"Fair Work Transition Act" means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth;

"Governing Board" means the Portable Long Service Benefits Governing Board established under section 37;

"levy" means the long service benefits levy imposed by section 29 ;

"long service record" means a record referred to in section 34 ;

"member of staff" of the Authority means a person referred to in section 48;

"ordinary pay", of a worker for a covered industry, has the meaning given in the covered industry schedule for that industry;

"person" includes an unincorporated association and a partnership;

"premises" includes—

        (a)     any land or structure; and

        (b)     any part of an area of land; and

        (c)     any part of a structure;

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year;

quarterly return—

        (a)     in relation to an employer, means a return by the employer under section 27 for a quarter;

        (b)     in relation to a contract worker, means a return by the worker under section 28 for a quarter;

"reasonable business grounds" includes the following—

        (a)     there is no capacity to change the working arrangements of other workers to accommodate the worker taking long service leave at the requested time;

        (b)     it is impractical to change the working arrangements of other workers, or recruit new workers, to accommodate the worker taking long service leave at the requested time;

        (c)     the long service leave requested by the worker is likely to result in a significant loss in efficiency or productivity;

        (d)     the long service leave requested by the worker is likely to have a significant negative impact on customer service;

"reciprocal agreement" means an agreement under section 75 ;

"reciprocal authority" means the entity under a corresponding law that administers the scheme of long service leave benefits established by the law;

"reciprocating jurisdiction" means another State or a Territory in relation to which a reciprocal agreement is in force;

"registered active contract worker"—

        (a)     for a covered industry other than the community services sector, means a contract worker registered under section 18 who is in the active part of the workers register for the industry; and

        (b)     if regulations referred to in section 79(3) are in effect, means a contract worker registered under section 18 who is in the active part of the workers register for the community services sector;

"registered active employee", for a covered industry, means an employee registered under section 18 who is in the active part of the workers register for the industry;

"registered active employer", for a covered industry, means an employer registered under section 12 who is in the active part of the employers register for the industry;

"registered active worker"—

        (a)     for a covered industry other than the community services sector, means a registered active employee or a registered active contract worker for the industry;

        (b)     for the community services sector, means each of the following—

              (i)     a registered active employee for the sector;

              (ii)     if regulations referred to in section 79(3) are in effect, a registered active contract worker for the community services sector;

"registrar" means the person appointed as registrar under section 47;

"security industry"—see clause 1 of Schedule 3;

"security work"—see clause 2 of Schedule 3;

"service period"—

        (a)     for a worker for the community services sector—see clause 7 of Schedule 1;

        (b)     for a worker for the contract cleaning industry—see clause 8 of Schedule 2;

        (c)     for a worker for the security industry—see clause 8 of Schedule 3;

"work"—see section 4;

"worker"—

        (a)     for a covered industry other than the community services sector, means an employee or a contract worker for the industry;

        (b)     for the community services sector, means each of the following—

              (i)     an employee for the sector;

              (ii)     if regulations referred to in section 79(3) are in effect, a contract worker for the community services sector;

"workers register", for a covered industry, means the register kept under section 7(1)(b) for the industry.