Building and Construction Industry Long Service Payments Act 1986 Building and Construction Industry Long Service Payments Amendment Regulation 1998 (1998-322) [GG No 97 of 26.6.1998, p 4432] (NSW)
under the
| Building and Construction Industry Long Service Payments Act 1986 | ||
| His Excellency the Governor. with the advice of the Executive Council, has made the following Regulation under the Building and Construction Industry | ||
| Long Service Payments Act 1986. | ||
| JEFFREY SHAW, Q.C., M.L.C., Minister for industrial Relations | ||
| The object of this Regulation is to prescribe certain matters under provisions of the Building and Construction Industry Long Service Payments Act 1986 inserted in that Act by the Building and Construction Industry Long Service | ||
| Payments Amendment Act 1998. | ||
| This Regulation also makes consequential amendments, updates references to certain Awards referred to in the Building and Construction Industry Long | ||
| Service Payments Regulation 1995 and makes other minor changes. | ||
| This Regulation is made under the sections of the Building and Construction | ||
| Industry Long Service Payments Act 1986 specified in this Regulation and | ||
| under section 65 (the general regulation-making power). | ||
|
Clause 1 Building and Construction Industry Long Service Payments Amendment Regulation 1998 Building and Construction Industry Long
Service Payments Amendment Regulation 1998 1 Name of Regulation
This Regulation is the Building and Construction Industry Long
Service Payments Amendment Regulation 1998.
2 Commencement
This Regulation commences on 1 July 1998.
3 Amendment of Building and Construction Industry Long Service Payments Regulation 1995
The Building and Construction Industry Long Service Pa yment S Regulation 1995 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
Building and Construction Industry Long Service Payments Amendment Regulation 1998
Amendments Schedule 1 Schedule1 Amendments
(Clause 3)
[ 1 ] Clause 4 Prescribed awards: section 3 (4)
Omit "paragraph (a) (i) and (ii)" from clause 4 (1).
Insert instead "paragraphs (a) and (b) (ii)".[2] Clause 4 (1)
Omit from the matter under the heading “Awards made (or taken to be made) under the Industrial Relations Act 1991” in clause 4 (1):
• Electricians &c. (State) Award published 3 February 1982 Insert instead:
• Electrical Contracting Industry (State) Award 1992 [ 3 ] Clause 4 (1)
Omit from the matter under the heading “Awards made or taken to be made) under the Industrial Relations Act 1988 of the Commonwealth”:
• The Joiners (N.S.W.) Award [4] Clause 4 (1)
Insert in alphabetical order under the heading “Awards made (or taken to be made) under the Industrial Relations Act 1988 of the
Common wealth” :
• Asphalt and Bitumen Industry (N.S.W. and A.C.T.) Award
1994• National Joinery and Building Trades Products Award 1993 Building and Construction Industry Long Service Payments Amendment Regulation 1998
Schedule 1 Amendments [5 ] Clause 4 (4)
Insert after clause 4 (3):
(4)
Despite subclause (3) a reference in this clause to the following awards is a reference to those awards as in force on 1 July 1998:
(a)
Electrical Contracting Industry (State) Award 1992
(b)
Asphalt and Bitumen Industry (N.S.W. and A.C.T.) Award 1994
(c)
National Joinery and Building Trades Products Award 1993
(d)
National Building and Construction Industry Award 1990
Insert after clause 4:
4A Non-service days: prescribed days to be disregarded:
section 19 (1)
(1)
For the purposes of section 19 (1) of the Act, any day on which. because of a circumstance specified in subclause (2). a registered worker does not accumulate a service credit is prescribed as a day to be disregarded in calculations made under section 19 (1 A) or (1B) of the Act in respect of the worker.
(2) The circumstances are the following:
(a) the worker does not work because she is pregnant. (b)
the worker does not work because he or she is caring for another person and is in receipt of a Commonwealth carer’s pension under the Social
Security Act 1991 of the Commonwealth.
(c)
the worker is performing building and construction work in a State or Territory in which there is not in force a law that provides for making payments of long service benefits to persons engaged in the building and construction industry in that State or Territory.
1998 No 32
Building and Construction Industry Long Service Payments Amendment Regulation 1998
Amendments Schedule 1
(d) the worker is performing building and construction work as an employee of:
(i) the Crown, or
(ii) a county council (within the meaning of the
Local Government Act 1993), or
(iii) a local council,
under an arrangement that does not provide for
making payments of long service benefits to the
employee.
[ 7 ] Clause 5 Prescribed costs: section 21 (4) (c)
Insert “relating to materials and to contracts for labour and services” after “losses and outgoings”.
[ 8 ] Clause 7 Exemptions from levy: section 34 (2) (c)
Insert after clause 7 (3):
(3A)
A church. a non-profit organisation or an owner-builder by whom or on whose behalf a long service levy has been paid is entitled to a refund of so much (if any) of the levy as was. because of subclause (3). not properly payable.
Clause 7 (4)
Omit “In subclause (3)”. Insert instead “In this clause”.
Clause 10 Commencement of work Omit clause 10 (5) . Insert instead:
( 5 )
The Corporation must not determine that work on the erection of a building commenced on or after 1 July 1997 unless the Corporation is satisfied that one of the following events occurred:
1998 No 322
Building and Construction Industry Long Service Payments Amendment Regulation 1998
Schedule 1 Amendments
(a)
in the case of a building the erection of which required approval under Part l of Chapter 7 of the Local Government Act 1993— there was lodged with the council, on or after 1 July 1997, an application for the approval required for the erection of the building,
(b)
in the case of a building referred to in section 34 (1) (b) of the Act as in force before 1 July 1998— a contract for the erection of the building was entered into on or after 1 July 1997,
(c)
there was lodged with the consent authority under the Environmental Planning and Assessment Act
1979 an application under that Act for the development consent or complying development certificate that would enable the erection of the building.
Clause 1 3 Appeals to Committee: section 54 (1) (b) and (2)
Omit clause 13 (2 ) (c).
Omit “in the case of a registered worker.” from the matter following the second dot point in clause 14 (b).
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