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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Construction Industry Long Service Leave (Miscellaneous)
Amendment Bill 2012
A BILL FOR
An Act to amend the Construction
Industry Long Service Leave Act 1987.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Construction
Industry Long Service Leave Act 1987
4Amendment of
section 5—Application of this Act
5Amendment of
section 24—Investigation of the Fund
6Amendment of
section 26—Imposition of levy
7Substitution of
Schedule 1
Schedule 1—Construction Workers
Awards
8Substitution of Schedule 1A
Schedule 1A—Optional coverage
9Insertion of Schedule 5
Schedule 5—Coverage of
awards
1Coverage of
awards
2Related
principles
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Construction Industry Long Service Leave
(Miscellaneous) Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Construction Industry Long Service Leave
Act 1987
4—Amendment
of section 5—Application of this Act
(1) Section (1aa)—after "this section" insert:
and Schedule 5
(2) Section 5(1)(c)(i)—delete subsubparagraphs (A), (B)
and (C) and substitute:
(A) in the case of a person employed for less than 1 month—the
whole period of employment; or
(B) in the case of a person employed for 1 month or more but less
than 3 months—the first month of employment; or
(C) in the case of a person employed for 3 months or more—any
3 month period of employment; or
(3) Section 5—after subsection (3) insert:
(3a) Subsections (1) and (1a) do not apply in relation to a
person who—
(a) is employed in the civil construction industry as defined in the
Building and Construction General On-site Award 2010 unless the
person is employed in building work that wholly or predominantly involves
working on structures within the meaning of this Act; or
(b) falls within any class of employees excluded from the operation of
that subsection by the regulations.
5—Amendment
of section 24—Investigation of the Fund
Section 24—delete subsections (4) and (4a) and
substitute:
(4) The Board must, on receipt of a report under
subsection (3)—
(a) supply a copy of the report to the Minister; and
(b) include with the report an indication as to whether the Board intends
to vary, or leave unaltered, the rates of contribution to the Fund required
under section 26.
6—Amendment
of section 26—Imposition of levy
(1) Section 26—after subsection (2) insert:
(2a) The percentage fixed by the Board under this section—
(a) may only be varied by the Board—
(i) in accordance with an indication to the Minister under
section 24(4)(b); and
(ii) after 14 days has elapsed since the provision of that
indication; and
(b) must be less than or equal to 3%.
(2) Section 26—after subsection (7) insert:
(8) In this section—
prescribed percentage means a percentage fixed by the Board
by notice published in the Gazette.
Schedule 1—delete the Schedule and substitute:
Schedule 1—Construction Workers
Awards
Building and Construction General On-site Award 2010
Joinery and Building Trades Award 2010
Plumbing and Fire Sprinklers Award 2010
Electrical, Electronic and Communications Contracting
Award 2010
Schedule 1A—delete the Schedule and substitute:
Schedule 1A—Optional coverage
Award
The Building and Construction General On-site Award 2010, but only in
relation to the following classifications and only in the terrazzo or concrete
casting industries:
(a) Carpenter;
(b) Joiner;
(c) Tradesperson (precast concrete manufacture);
(d) Machinist (precast concrete manufacture);
(e) Terrazzo Assistant;
(f) General Hand;
(g) Adult trainee terrazzo worker.
The Manufacturing and Associated Industries and Occupations
Award 2010, but only in relation to workers employed in the preparation or
manufacture of any of the following:
(a) fibrous plaster;
(b) architectural ornaments made of fibrous plaster, plaster or
cement;
(c) plaster tiles or sheets (whether containing fibre or not);
(d) architectural models;
(e) material for suspended ceilings.
After Schedule 4 insert:
Schedule 5—Coverage of awards
1—Coverage of awards
Section 5 operates subject to the qualification that to the extent that the
application of this Act to a person's employment depends on whether or not an
award applies in relation to the person then—
(a) this Act will apply
to the person if, after taking into account (and applying) the provisions of any
award that applied under this Act on 31 December 2009, the person's
employment would be subject to the application of this Act; and
(b) this Act will not
apply to the person if, after taking into account (and applying) the provisions
of any award that applied under this Act on 31 December 2009, the
person's employment would not be subject to the application of this
Act.
2—Related principles
Clause 1—
(a) does not limit any requirement under this Act for an agreement to be
in place or for any other step to be taken; and
(b) operates on the basis that to the extent of any inconsistency between
an award referred to in Schedule 1 or 1A and an award that operates under
clause 1(a) or
(b), the award that
operates under
clause 1(a) or
(b) prevails to the
extent of the inconsistency (even though the award has been superseded by an
award under Schedule 1 or 1A).