Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 2) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 319 Building and Construction Industry (Portable Long Service Leave) Act1991 BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) AMENDMENT REGULATION (No. 2) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 3A (Class of persons exempt from operation of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3A Persons that are not eligible workers—Act, s 3A(2)(a) . . . . . . . . . . 3 3B Funds for training—Act, s 33(3) and (4) . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 4 (Certificate of service) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of s 5 (Building and construction work for which no levy is payable—Act, s 70(2)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Building and construction work for which no levy is payable—Act, s 70(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 6 (Long service leave levy) . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 6A (Prescribed cost of work for which government entity must notify the authority—Act, s 76(2)) . . . . . . . . . . . . 5 9 Amendment of s 8 (Working out additional levy—Act, s 80(6)) . . . . . . . . 6 10 Amendment of s 10 (Working out refund—Act, s 81(2)) . . . . . . . . . . . . . . . 6 11 Amendment of s 15 (Conduct of appeal—Act, s 88(2)) . . . . . . . . . . . . . . . 6 12 Amendment of s 20 (Declaration of corresponding law—Act, s 91) . . . . . . 6

2 Building and Construction Industry (Portable Long Service Leave) Amendment (No. 2) No. 319, 1998 13 Replacement of s 21 (Books, records and particulars—Act, s 92(1) and (2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 21 Books, records and particulars—Act, s 92(1) and (2) . . . . . . . . . . . 7

s1 3 s4 Building and Construction Industry (Portable No. 319, 1998 Long Service Leave) Amendment (No. 2) ˙ Short title 1. This regulation may be cited as the Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 2) 1998 . ˙ Commencement 2. This regulation, other than section 3 and section 4 (so far as it inserts new section 3B), commences on 1 January 1999. ˙ Regulation amended 3. This regulation amends the BuildingandConstructionIndustry(Portable Long Service Leave) Regulation 1992 . ˙ Replacement of s 3A (Class of persons exempt from operation of the Act) 4. Section 3A— omit, insert— ˙ ‘ Persons that are not eligible workers—Act, s 3A(2)(a) ‘ 3A. The following classes of persons are declared not to be eligible workers— (a) eligible workers mentioned in section 3A(1)(a) of the Act whose work is of a type covered by wage group C1, C2(a), C2(b), C3 or C4 of the Engineering Award—State; (b) eligible workers mentioned in section 3A(1)(b) of the Act whose work would, if performed under a contract of employment, be of a type covered by wage group C1, C2(a), C2(b), C3 or C4 of the Engineering Award—State; (c) eligible workers mentioned in section 3A(1)(a) of the Act who are engaged by Mount Isa Mines Limited (ACN No. 009 661 447).

s5 4 s5 Building and Construction Industry (Portable No. 319, 1998 Long Service Leave) Amendment (No. 2) ˙ ‘ Funds for training—Act, s 33(4) and (5) ‘ 3B.(1) The amount to be allocated for training is to be held in trust by the trustees of the Building and Construction Industry Training Fund (Qld). ‘ (2) The Authority must pay the amount for a financial year to the trustees by quarterly advances. ‘ (3) When working out the amount of a quarterly advance in a financial year— (a) the cost of building and construction work used to calculate the estimated levy revenue for the Authority’s annual budget for the financial year (the “estimated cost of work” ) is to be used; and (b) an adjustment for the previous quarter is to be made based on any difference between— (i) the estimated cost of work apportioned to the previous quarter; and (ii) the cost of the building and construction work mentioned in section 33(2) of the Act attributable to the previous quarter. ‘ (4) A quarterly advance is to be paid within 30 days after the start of the quarter. ‘ (5) This section applies for the period from the commencement of section 33 of the Act until 31 December 1998 as if it were a quarter of a financial year.’. ˙ Amendment of s 4 (Certificate of service) 5.(1) Section 4(1)(b)— omit, insert— ‘(b) if a worker— (i) is engaged as at 30 June in any year—within 1 month after that day; or (ii) stops work before 30 June in any year—within 1 month after the worker stopped work.’.

s6 5 s8 Building and Construction Industry (Portable No. 319, 1998 Long Service Leave) Amendment (No. 2) (2) Section 4(3)(a) and (b)— omit, insert— ‘(a) starting on 1 July immediately before the worker stopped work; and (b) ending on the day the worker stopped work.’. ˙ Replacement of s 5 (Building and construction work for which no levy is payable—Act, s 70(2)(a)) 6. Section 5— omit, insert— ˙ ‘ Building and construction work for which no levy is payable—Act, s 70(2)(a) ‘ 5. Levy is not payable for building and construction work if the cost of the work is less than $80 000.’. ˙ Amendment of s 6 (Long service leave levy) 7. Section 6, ‘0.1%’— omit, insert— ‘0.075%’. ˙ Amendment of s 6A (Prescribed cost of work for which government entity must notify the authority—Act, s 76(2)) 8. Section 6A, from ‘is—’ to ‘$42 000’— omit, insert— ‘is $80 000’.

s 9 6 s 13 Building and Construction Industry (Portable No. 319, 1998 Long Service Leave) Amendment (No. 2) ˙ Amendment of s 8 (Working out additional levy—Act, s 80(6)) 9. Section 8(1), ‘0.1%’— omit, insert— ‘0.075%’. ˙ Amendment of s 10 (Working out refund—Act, s 81(2)) 10. Section 10(1) and (2), ‘0.1%’— omit, insert— ‘0.075%’. ˙ Amendment of s 15 (Conduct of appeal—Act, s 88(2)) 11.(1) Section 15, heading, ‘88(2)’— omit, insert— ‘88(3)’. (2) Section 15(1), ‘ Industrial Relations Act 1990 ’— omit, insert— ‘ Workplace Relations Act 1997 ’. ˙ Amendment of s 20 (Declaration of corresponding law—Act, s 91) 12. Section 20(b), ‘ 1983 ’— omit, insert— ‘ 1997 ’. ˙ Replacement of s 21 (Books, records and particulars—Act, s 92(1) and (2)) 13. Section 21— omit, insert—

s 13 7 s 13 Building and Construction Industry (Portable No. 319, 1998 Long Service Leave) Amendment (No. 2) ˙ ‘ Books, records and particulars—Act, s 92(1) and (2) ‘ 21.(1) For section 92(1) 1 of the Act, time sheets, attendance records or any other records that show the worker’s hours of work must be kept. ‘ (2) For section 92(2) of the Act, the particulars are— (a) the full name, address and date of birth of each worker who is or was engaged; and (b) the type of work performed by each worker; and (c) if the worker is a registered worker—the worker’s number in the register of workers; and (d) if applicable, the name of the award under which the worker is, or was, engaged; and (e) the serial number of each certificate of service given to the worker under section 47(1)(a) of the Act; and (f) the periods, and the proportions of the periods, during which the worker performed building and construction work in Queensland.’. ENDNOTES 1. Made by the Governor in Council on 3 December 1998. 2. Notified in the gazette on 4 December 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Building and Construction Industry (Portable Long Service Leave) Authority. © State of Queensland 1998 1 Section 93 (Keeping, and inspection, of books and records) of the Act