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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Building and Construction
Industry (Portable Long
Service Leave) Amendment
Bill 2005
Queensland
Building and Construction Industry
(Portable Long Service Leave)
Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s 3A (Meaning of "eligible worker"). . . . . . . . . . . 4
3A Who is an eligible worker . . . . . . . . . . . . . . . . . . . . . . 4
3B When an individual is not an eligible worker. . . . . . . . 5
6 Amendment of s 9 (Authority's functions) . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 10 (Authority's powers) . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 32 (Funds of authority) . . . . . . . . . . . . . . . . . . . 7
9 Replacement of s 33 (Funds for training) . . . . . . . . . . . . . . . . . . . 7
33 Dealing with building and construction industry
training levy .............................. 7
10 Replacement of s 46 (Cancellation of registration) . . . . . . . . . . . 7
46 Cancellation of registration as a registered employer 8
11 Amendment of s 46A (Authority may require information or
documents from person believed to be employer) . . . . . . . . . . . . 8
12 Amendment of s 47 (Certificate of service to be supplied by
employers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Amendment of s 48 (Form and contents of certificate) . . . . . . . . 9
14 Amendment of s 59 (Amount of long service leave payment) . . . 9
15 Amendment of s 61 (Election to take benefits under this Act or
Industrial Relations Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Replacement of pt 8, hdg and s 66 . . . . . . . . . . . . . . . . . . . . . . . 10
Part 8 Levies
66 Imposition of levies . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
17 Amendment of s 67 (Notification of building and construction
work) .......................................... 10
18 Amendment of s 68A (Deciding who is person for whom work is
to be done or was to be done) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Amendment of s 72 (Rate of levy) . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Amendment of s 74 (Liability for levy) . . . . . . . . . . . . . . . . . . . . . 12
21 Replacement of s 75 (When levy is payable) . . . . . . . . . . . . . . . . 12
75 When levy is payable . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Amendment of s 77 (Duty of assessment manager to sight
approved form) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Amendment of s 79 (Voluntary performance of building and
construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Amendment of s 80 (Additional provisions about levy). . . . . . . . . 14
25 Amendment of s 84 (Interest on, and extension of time for
payment of, levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
91A Arrangements with other entities . . . . . . . . . . . . . . . . 15
27 Amendment of s 105 (Proceedings for offences) . . . . . . . . . . . . . 15
28 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4 Transitional provisions for Building and
Construction Industry (Portable Long Service
Leave) Amendment Act 2005
120 Eligible workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
121 Notice of cancellation of employer's registration . . . . 16
29 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2005
A Bill
for
An Act to amend the Building and Construction Industry
(Portable Long Service Leave) Act 1991
s1 4 s5
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Building and Construction 3
Industry (Portable Long Service Leave) Amendment Act 2005. 4
Clause 2 Commencement 5
This Act commences on 1 July 2005. 6
Clause 3 Act amended 7
This Act amends the Building and Construction Industry 8
(Portable Long Service Leave) Act 1991. 9
Clause 4 Amendment of title 10
Title, from `, to allocate' to `construction industry'-- 11
omit. 12
Clause 5 Replacement of s 3A (Meaning of "eligible worker") 13
Section 3A-- 14
omit, insert-- 15
`3A Who is an eligible worker 16
`(1) An eligible worker is an individual who-- 17
(a) under a contract of service is engaged to perform work 18
in the building and construction industry for the 19
majority of the person's ordinary hours of work; or 20
(b) under a contract, whether or not the contract is a 21
contract of service, or at piecework rates, is engaged to 22
perform work in the building and construction industry, 23
for labour only or substantially for labour only, for the 24
majority of the person's ordinary hours of work; or 25
s5 5 s5
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(c) under a contract, whether or not the contract is a 1
contract of service, performs work in the building and 2
construction industry for the majority of the person's 3
ordinary hours of work, unless-- 4
(i) the individual-- 5
(A) is paid to achieve a stated result or outcome; 6
and 7
(B) has to supply all, or substantially all, of the 8
plant and equipment or tools of trade needed 9
to perform the work; and 10
(C) is, or would be, liable for the cost of fixing a 11
fault with the work performed; or 12
(ii) a personal services business determination is in 13
effect for the individual performing the work under 14
the Income Tax Assessment Act 1997 (Cwlth), 15
section 87-60. 16
`(2) Also, eligible worker includes-- 17
(a) an individual who is engaged to perform both work and 18
supervision of other workers in the building and 19
construction industry, whether or not the individual is 20
known as a supervisor, leading hand or another title; and 21
(b) an individual who is appointed as a safety officer to 22
discharge workplace health and safety obligations under 23
the Workplace Health and Safety Act 1995 in relation to 24
building and construction work, whether or not the 25
person performs or usually performs building and 26
construction work. 27
`(3) This section is subject to section 3B. 28
`3B When an individual is not an eligible worker 29
`(1) An individual is not an eligible worker if-- 30
(a) the individual performs work in the building and 31
construction industry-- 32
(i) in a managerial, clerical, professional or ancillary 33
capacity; or 34
s6 6 s6
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(ii) under a contract of service with a partnership if the 1
individual is a partner and participates in the 2
management of the partnership or shares in its 3
profits; or 4
(iii) under a contract of service with a government 5
entity or a local government; or 6
(b) the individual is engaged under a contract of service 7
with a non-Queensland government entity; or 8
(c) a regulation declares the individual is not an eligible 9
worker because the work the individual performs is 10
subject to stated coverage under a stated industrial 11
instrument within the meaning of the Industrial 12
Relations Act 1999. 13
`(2) Also, an individual who would otherwise be an eligible 14
worker under section 3A(1) or (2) is not an eligible worker if 15
the individual is engaged to perform building and construction 16
industry work by-- 17
(a) a government entity; or 18
(b) a local government; or 19
(c) Mount Isa Mines Limited ACN 009 661 447; or 20
(d) a person who is not substantially engaged in the building 21
and construction industry. 22
`(3) Subsection (2)(d) does not apply if the individual is a party to 23
a contract with a labour hire agency that arranges for the 24
individual to perform building and construction work for 25
someone else under an arrangement between the agency and 26
the other person. 27
`(4) In this section-- 28
arrangement includes agreement, promise, scheme, 29
transaction, understanding and undertaking, whether express 30
or implied.'. 31
Clause 6 Amendment of s 9 (Authority's functions) 32
Section 9(1)(b)-- 33
omit, insert-- 34
s7 7 s 10
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
`(b) to collect building and construction industry training 1
levy payable under this Act for payment to a building 2
and construction industry training fund under this Act; 3
and'. 4
Clause 7 Amendment of s 10 (Authority's powers) 5
Section 10(1)(f), as an example-- 6
insert-- 7
8
`Example for subsection (1)--
9
collecting, under a contract or agreement, amounts that are not funds of
10
the authority'.
Clause 8 Amendment of s 32 (Funds of authority) 11
Section 32-- 12
insert-- 13
`(3) Building and construction industry training levy paid to the 14
authority is not part of the authority's funds.'. 15
Clause 9 Replacement of s 33 (Funds for training) 16
Section 33-- 17
omit, insert-- 18
`33 Dealing with building and construction industry 19
training levy 20
`As soon as practicable after receiving an amount of building 21
and construction industry training levy, the authority must pay 22
the amount to a building and construction industry training 23
fund prescribed under a regulation to be held in trust for the 24
training of persons in the building and construction industry.'. 25
Clause 10 Replacement of s 46 (Cancellation of registration) 26
Section 46-- 27
omit, insert-- 28
s 11 8 s 12
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
`46 Cancellation of registration as a registered employer 1
`(1) If a registered employer stops engaging eligible workers to 2
perform work in the building and construction industry, the 3
registered employer may, by notice, apply to the authority for 4
cancellation of the registration. 5
`(2) If the authority refuses to cancel the registered employer's 6
registration, the authority must give the registered employer 7
written notice of the refusal and the reason for the refusal.'. 8
Clause 11 Amendment of s 46A (Authority may require information 9
or documents from person believed to be employer) 10
(1) Section 46A(1), from `a person'-- 11
omit, insert-- 12
`a person is or has been an employer in the building and 13
construction industry, but is not or has not been registered as 14
an employer under this division.'. 15
(2) Section 46A(2), after `the person is'-- 16
insert-- 17
`or has been'. 18
(3) Section 46A-- 19
insert-- 20
`(6) The person must comply with the order, unless the person has 21
a reasonable excuse. 22
Maximum penalty--40 penalty units.'. 23
Clause 12 Amendment of s 47 (Certificate of service to be supplied 24
by employers) 25
(1) Section 47(1), `and the worker'-- 26
omit. 27
(2) Section 47(2)-- 28
renumber as section 47(3). 29
(3) Section 47-- 30
s 13 9 s 15
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
insert-- 1
`(2) The employer must also make the information contained in 2
the certificate of service available to the worker to whom the 3
information relates. 4
Maximum penalty--40 penalty units.'. 5
(4) Section 47-- 6
insert-- 7
`(4) In this section-- 8
certificate of service, for a worker, means a certificate in the 9
approved form that complies with section 48.'. 10
Clause 13 Amendment of s 48 (Form and contents of certificate) 11
(1) Section 48(1)(a) and (g)-- 12
omit. 13
(2) Section 48(1)(b) to (f)-- 14
renumber as section 48(1)(a) to (e). 15
Clause 14 Amendment of s 59 (Amount of long service leave 16
payment) 17
(1) Section 59(5) to (10)-- 18
renumber as section 59(6) to (11). 19
(2) Section 59-- 20
insert-- 21
`(5) Unless it is likely to be the last payment for a long service 22
leave entitlement paid to the applicant by the authority, the 23
authority must not pay the applicant for a period of long 24
service leave that is less than 5 days.'. 25
Clause 15 Amendment of s 61 (Election to take benefits under this 26
Act or Industrial Relations Act) 27
(1) Section 61(1), `credited under part 6, division 3 with 28
service'-- 29
s 16 10 s 17
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
omit, insert-- 1
`paid long service leave'. 2
(2) Section 61(3), `credited under part 6, division 3 with any 3
service that'-- 4
omit, insert-- 5
`paid long service leave for service'. 6
Clause 16 Replacement of pt 8, hdg and s 66 7
Part 8, heading and section 66-- 8
omit, insert-- 9
`Part 8 Levies 10
`66 Imposition of levies 11
`The following levies are imposed on building and 12
construction work-- 13
(a) building and construction industry training levy; 14
(b) long service leave levy.'. 15
Clause 17 Amendment of s 67 (Notification of building and 16
construction work) 17
(1) Section 67(1), after `must be filed'-- 18
insert-- 19
`, as required under subsection (2),'. 20
(2) Section 67(2)-- 21
renumber as section 67(3). 22
(3) Section 67-- 23
insert-- 24
`(2) The approved form must be filed-- 25
s 18 11 s 19
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(a) if a development permit under the Integrated Planning 1
Act 1997 is required for the work--before the permit is 2
given; or 3
(b) if an approval under the Plumbing and Drainage Act 4
2002 is required for the work--before the approval is 5
given; or 6
(c) otherwise--before the work starts.'. 7
(4) Section 67-- 8
insert-- 9
`(4) Also, if the actual cost of carrying out building and 10
construction work is at least $50 000 more than the amount on 11
which the levy payable for the work was calculated, the 12
person for whom the work was done must, within 30 days 13
after the work ends-- 14
(a) give the authority notice of the increased cost of the 15
work; and 16
(b) pay to the authority the additional amount of levy 17
payable because of the increased cost. 18
Maximum penalty for subsection (4)--40 penalty units.'. 19
Clause 18 Amendment of s 68A (Deciding who is person for whom 20
work is to be done or was to be done) 21
Section 68A-- 22
insert-- 23
`(6) The person must comply with the order, unless the person has 24
a reasonable excuse. 25
Maximum penalty--40 penalty units.'. 26
Clause 19 Amendment of s 72 (Rate of levy) 27
Section 72(1)-- 28
omit, insert-- 29
s 20 12 s 21
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
`(1) A regulation may prescribe percentages of the cost of building 1
and construction work as the amount imposed for the 2
following-- 3
(a) building and construction industry training levy; 4
(b) long service leave levy.'. 5
Clause 20 Amendment of s 74 (Liability for levy) 6
(1) Section 74(d)-- 7
renumber as section 74(e). 8
(2) Section 74-- 9
insert-- 10
`(d) if none of paragraphs (a), (b) and (c) apply and under the 11
Plumbing and Drainage Act 2002 an application is 12
made to a local government for an approval that 13
authorises plumbing or drainage work--the applicant 14
under that Act; or'. 15
Clause 21 Replacement of s 75 (When levy is payable) 16
Section 75-- 17
omit, insert-- 18
`75 When levy is payable 19
`(1) Levy for building and construction work to be carried out by a 20
person must be paid-- 21
(a) before either of the following is given-- 22
(i) a development permit under the Integrated 23
Planning Act 1997 in relation to work that 24
authorises building work, plumbing or drainage 25
work or operational work as defined under that 26
Act; 27
(ii) an approval under the Plumbing and Drainage Act 28
2002 that authorises plumbing or drainage work 29
for which a development permit under the 30
Integrated Planning Act 1997 is not required; or 31
s 22 13 s 22
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(b) if a development permit or an approval mentioned in 1
paragraph (a) is not given, before the work is started. 2
`(2) For subsection (1), the authority may, on written application, 3
allow a later time for payment in a particular case. 4
5
Note--
6
Under section 82, levy may also be paid by instalment in particular
7
circumstances.'.
Clause 22 Amendment of s 77 (Duty of assessment manager to 8
sight approved form) 9
(1) Section 77(2) to (4)-- 10
renumber as section 77(3) to (5). 11
(2) Section 77(1)-- 12
omit, insert-- 13
`(1) This section applies if an application is made to-- 14
(a) an assessment manager, for a development permit under 15
the Integrated Planning Act 1997 that authorises 16
building work, plumbing or drainage work or 17
operational work as defined under that Act; or 18
(b) a local government, for an approval under the Plumbing 19
and Drainage Act 2002 that authorises plumbing or 20
drainage work for which a development permit under 21
the Integrated Planning Act 1997 is not required. 22
`(2) The assessment manager or local government (the relevant 23
authority) must not give the development permit or the 24
approval unless the relevant authority has seen-- 25
(a) an approved form issued by the authority that clearly 26
shows-- 27
(i) that the levy or the first instalment of the levy has 28
been paid; or 29
(ii) that an exemption from payment of the levy exists 30
in relation to the work; or 31
(iii) that an exemption from immediate payment of levy 32
exists in relation to the work; or 33
s 23 14 s 24
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(b) written advice from the authority stating something 1
mentioned in paragraph (a). 2
Maximum penalty--40 penalty units.'. 3
(3) Section 77(5), as renumbered, `Subsections (1) and (3)'-- 4
omit, insert-- 5
`Subsections (2) and (4)'. 6
Clause 23 Amendment of s 79 (Voluntary performance of building 7
and construction work) 8
Section 79(1), from `an entity'-- 9
omit, insert-- 10
`an entity if, in the authority's opinion-- 11
(a) the entity is a non-profit organisation; or 12
(b) the purpose for which the voluntary component of 13
building and construction work is to be carried out is a 14
charitable purpose.'. 15
Clause 24 Amendment of s 80 (Additional provisions about levy) 16
(1) Section 80(1)-- 17
omit, insert-- 18
`(1) This section applies in relation to building and construction 19
work for which the authority believes, on reasonable grounds, 20
that levy is payable.'. 21
(2) Section 80(5) to (7)-- 22
renumber as section 80(6) to (8). 23
(3) Section 80-- 24
insert-- 25
`(5) The person must comply with the order, unless the person has 26
a reasonable excuse. 27
Maximum penalty--40 penalty units.'. 28
(4) Section 80(7), as renumbered, `subsection (5)'-- 29
s 25 15 s 27
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
omit, insert-- 1
`subsection (6)'. 2
Clause 25 Amendment of s 84 (Interest on, and extension of time for 3
payment of, levy 4
Section 84(2)-- 5
omit, insert-- 6
`(2) Interest payable under subsection (1) forms part of the unpaid 7
levy and may be recovered as a debt in a court having 8
jurisdiction up to the amount of the unpaid levy.'. 9
Clause 26 Insertion of new s 91A 10
After section 90-- 11
insert-- 12
`91A Arrangements with other entities 13
`(1) For the purposes of this Act, the authority may, from time to 14
time, enter into an agreement with an entity in Queensland to 15
carry out an arrangement in relation to-- 16
(a) the payment of long service leave to persons engaged in 17
the building and construction industry; and 18
(b) the exchange of information about credits and 19
entitlements to payments between the authority and the 20
entity; and 21
(c) matters related to a matter mentioned in paragraph (a) or 22
(b). 23
`(2) An agreement under subsection (1) may be amended or 24
cancelled by a later agreement.'. 25
Clause 27 Amendment of s 105 (Proceedings for offences) 26
Section 105-- 27
insert-- 28
s 28 16 s 29
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
`(3) A provision of this Act that provides for an offence for failing 1
to comply with an order of a court does not limit the power of 2
the court to punish for contempt.'. 3
Clause 28 Insertion of new pt 11, div 4 4
After section 119-- 5
insert-- 6
`Division 4 Transitional provisions for Building 7
and Construction Industry (Portable 8
Long Service Leave) Amendment 9
Act 2005 10
`120 Eligible workers 11
`An individual who, immediately before 1 July 2005, was an 12
eligible worker because of the person's employment continues 13
to be an eligible worker while continuing in that employment 14
after 30 June 2005. 15
`121 Notice of cancellation of employer's registration 16
`Section 46, as in force immediately before 1 July 2005, 17
continues to apply to a notice of cancellation of an employer's 18
registration given before 1 July 2005, but not received by the 19
authority before 1 July 2005.'. 20
Clause 29 Amendment of sch (Dictionary) 21
(1) Schedule, definitions contract of employment and levy-- 22
omit. 23
(2) Schedule-- 24
insert-- 25
`building and construction industry training levy means levy 26
that is imposed under part 8, and includes-- 27
s 29 17 s 29
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
(a) an additional amount of levy imposed under section 80;1 1
and 2
(b) any interest under section 84.2 3
levy means-- 4
(a) building and construction industry training levy; and 5
(b) long service leave levy.'. 6
1 Section 80 (Additional provisions about levy)
2 Section 84 (Interest on, and extension of time for payment of, levy)
18
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
Schedule Minor amendments 1
section 3 2
1 Section 40(4)(b), `or (c)'-- 3
omit, insert-- 4
`or (2)'. 5
2 Section 56(1)(b), `section 57(1)'-- 6
omit, insert-- 7
`section 57'. 8
3 Section 59(2), `section 57'-- 9
omit, insert-- 10
`section 56'. 11
4 Section 80(2), `any one'-- 12
omit, insert-- 13
`anyone'. 14
5 Sections 81(1) and (2), 82(1), (6), (7) and (8), 83(1), 84(1), 15
(2) and (3), 85(3), 86, 106(3) and (5)(c) and 109, `long 16
service leave'-- 17
omit. 18
6 Section 85(2), `Long service leave levy'-- 19
omit, insert-- 20
`Levy'. 21
19
Building and Construction Industry (Portable Long
Service Leave) Amendment Bill 2005
Schedule (continued)
7 Section 90(2), `to which subsection (3) applies'-- 1
omit, insert-- 2
`mentioned in subsection (3)'. 3
8 Section 90(3), `This section applies to--'-- 4
omit, insert-- 5
`The matters are--'. 6
© State of Queensland 2005
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