Western Australia
Construction Industry Portable Paid Long Service Leave Regulations 1986
CONTENTS
1.Citation1
2.Prescribed awards1
3.Prescribed classifications of work1
4.Common seal2
5.Amount of notifiable contracts2
5A.Prescribed corresponding laws2
6.Prescribed period for section 313
7.Information required for section 323
8.Amount prescribed for section 343
9.Certificate of appointment of inspector4
Schedule 1
Schedule 2
Notes
Compilation table9
Western Australia
Construction Industry Portable Paid Long Service Leave Act 1985
Construction Industry Portable Paid Long Service Leave Regulations 1986
These regulations may be cited as the Construction Industry Portable Paid Long Service Leave Regulations 1986 1.
The awards mentioned in the first column of Schedule 1 are prescribed under section 3(4)(b) of the Act.
[Regulation 2 amended in Gazette 20 Feb 2004 p. 603.]
3.Prescribed classifications of work
(1)Subject to subregulation (2), all classifications of work referred to in an award mentioned in the first column of Schedule 1 are prescribed under section 3(4)(a) of the Act.
(2)Where an exception, condition or limitation appears in the second column opposite the reference to an award, the classifications of work are so prescribed subject to that exception, condition or limitation.
(3)In the second column of Schedule 1 “temporary employee” means a person who does not hold a permanent position but whose continuity of employment depends on the availability of work.
(1)The common seal of the Board —
(a)shall be kept in the custody of the chief executive officer; and
(b)shall be affixed to a document only on the authority of a resolution of the Board and in the presence of not less than 2 members.
(2)Each such member shall sign the document to attest that the common seal was duly affixed to it.
5.Amount of notifiable contracts
The prescribed amount for the purposes of section 17 of the Act is $40 000.
5A.Prescribed corresponding laws
Each of the following laws is prescribed as a corresponding law for the purposes of section 29A of the Act —
(i)the Building and Construction Industry Long Service Payments Act 1986 (New South Wales);
(ia)the Building and Construction Industry (Portable Long Service Leave) Act 1991 (Queensland);
(ii)the Construction Industry Long Service Leave Act 1983 (Victoria);
(iia)the Construction Industry (Long Service) Act 1997 (Tasmania);
(iib)the Construction Industry Long Service Leave and Benefits Act 2005 (Northern Territory);
(iii)the Long Service Leave (Building Industry) Act 1987 (South Australia); and
(iv)the Long Service Leave (Building and Construction Industry Act 1981) (Australian Capital Territory).
[Regulation 5A inserted in Gazette 7 Sep 1990 p. 4652‑3; amended in Gazette 12 Oct 1993 p. 5469; 8 Jun 1999 p. 2470; 8 Jul 2005 p. 3159.]
6.Prescribed period for section 31
The prescribed period for the purposes of section 31 of the Act is the period of 3 months ending on the last day of March, June, September and December in each year.
[Regulation 6 inserted in Gazette 20 Feb 1998 p. 929.]
7.Information required for section 32
The following information is required to be maintained for each employee for the purposes of section 32 of the Act —
(a)his name, address, date of birth, and the number of his certificate of registration under section 30(10) of the Act;
(b)the award and classification of work applicable to him from time to time;
(c)the days on which his employment started and finished respectively;
(d)the days on which he was absent from work, whether he was paid for any such day, and the reason for the absence; and
(e)the day or days of service which he completed as an employee within the meaning of the Act.
8.Amount prescribed for section 34
The amount payable in respect of an employee for the purposes of section 34 of the Act is 1.25% of the ordinary pay of that employee.
[Regulation 8 amended in Gazette 30 Dec 1988 p. 5121; 15 Dec 1989 p. 4581; 14 Dec 1990 p. 6142; 29 Nov 1991 p. 6043; 18 Dec 1992 p. 6138; 31 Dec 1993 p. 6874; 28 Nov 1997 p. 6985; 16 Oct 1998 p. 5730; 18 Oct 2002 p. 5221; 12 Oct 2004 p. 4754 (as amended in Gazette 14 Dec 2004 p. 6002); 7 Nov 2006 p. 4677.]
9.Certificate of appointment of inspector
The certificate of appointment of an inspector appointed under section 44 shall be in the form set out in Schedule 2.
[Regulations 2 and 3]
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Prescribed awards |
Classifications of work |
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1.Awards as at 26 March 2006 under the Workplace Relations Act 1996 of the Commonwealth Parliament. |
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(1)Australian Workers’ Union Asphalt and Bitumen Industry (WA) Award 1988. |
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(1a)Australian Workers’ Union Construction and Maintenance (Consolidated) Award 1987. |
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(1b)Australian Workers’ Union Construction and Maintenance Award 1989. |
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(2)Australian Workers’ Union Construction, Maintenance and Services (W.A. Government) Award, 1984. |
Limited to temporary employees in receipt of an industry allowance under the award. |
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(2a)Australian Workers’ Union Geomembrane and Geotextile Installation Award 1989. |
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(3)Bitumen Spraying Services Award 1985. |
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(3a)Drilling and Exploration Industry (AWU) Award 1998. |
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(4)Mobile Crane Hiring Award 1990. |
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(5)National Building and Construction Industry Award 1990. |
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(6)Plumbing Industry (Qld and W.A.) Award 1979. |
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(7)Professional Divers’ Award 1988. |
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(8)Transport Workers Spraypave Pty Ltd Award 1990. |
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(9)Sprinkler Pipe Fitters’ Award 1975. |
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(10)Western Australian Civil Contracting Award 1998. |
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2.Awards under the Industrial Relations Act 1979. (1)Airconditioning and Refrigeration Industry (Construction and Servicing) Award. (2)Building Trades Award 1968. |
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(3)Building Trades (Construction) Award 1987. |
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(4)Building Trades (Fremantle Port Authority) Award 1968. |
Limited to temporary employees. |
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(5)Building Trades (Government) Award 1968. |
Limited to temporary employees. |
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(6)Building Trades (State Energy Commission) Award. |
Limited to temporary employees in receipt of construction industry rates of pay under the award. |
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(7)Earth Moving and Construction Award. |
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(8)Electrical Contracting Industry Award 1979. |
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(8a)Electrical Trades (Security Alarms Industry) Award 1980. |
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(8b)Electronics Industry Award. |
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(9)Engine Drivers’ (Building and Steel Construction) Award. |
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(10)Engineering Trades (Government) Award 1967. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(11)Engineering Trades (State Energy Commission) Consolidated Award 1978. |
Limited to temporary employees. |
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(12)Foremen (Building Trades) Award 1991. |
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(13)Furniture Trades Industry Award. |
Limited to cabinet making and floor covering. |
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(13a)Gate, Fence and Frames Manufacturing Award. |
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(14)Government Engineering and Building Trades Foremen and Sub‑foremen Award. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(15)Government Water Supply (Kalgoorlie Pipe‑line) Award 1981. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(16)Government Water Supply, Sewerage and Drainage Employees Award 1981. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(17)Government Water Supply, Sewerage and Drainage Foremen’s Award 1984. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(17aa)Industrial Spraypainting and Sandblasting Award 1991. |
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(17a)Lift Industry (Electrical and Metal Trades) Award 1973. |
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(17b)Materials Testing Employees Award 1984. |
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(18)Mechanical and Electrical Contractors (North West Shelf Project Platform) Award 1984. |
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(19)Metal Trades (General) Award 1966. |
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(19a)North Rankin Construction Award. |
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(20)Pest Control Industry Award 1982. |
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(20aa)Platform Modification and Hook‑Up Agreement. |
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(20a)Radio and Television Employees Award. |
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(21)Roof Tile Fixers Award. |
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(22)Sheet Metal Workers Award. |
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(23)Sheet Metal Workers (Government) Award 1973. |
Limited to temporary employees in receipt of an allowance for construction work under the award. |
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(24)State Energy Commission Construction Award. |
Limited to temporary employees. |
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(25)Thermal Insulation Contracting Industry Award. |
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[Schedule 1 amended in Gazette 29 May 1987 p. 2233; 30 Sep 1988 p. 4006; 30 Jun 1989 p. 1899; 1 Dec 1989 p. 4430; 29 Dec 1989 p. 4669; 2 Nov 1990 p. 5453; 24 Dec 1991 p. 6469; 28 Jul 1992 p. 3729; 5 Nov 2002 p. 5417-18; 20 Feb 2004 p. 603; 7 Nov 2006 p. 4678.]
[Regulation 9]
CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE ACT 1985
Certificate of appointment of Inspector
This is to certify that ..............................................................................................
(full name)
whose signature and photograph appear below has been appointed as an inspector under section 44 of the above Act.
The functions of an inspector are to carry out investigations to ensure that proper records are kept, accurate returns are lodged and correct contributions are paid by employers.
..............................................Photograph of inspector
Signature of inspector
...............................................
Chief Executive Officer
Date: ....................................
1This is a compilation of the Construction Industry Portable Paid Long Service Leave Regulations 1986 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Gazettal |
Commencement |
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Construction Industry Portable Paid Long Service Leave Regulations 1986 |
19 Dec 1986 p. 4924‑5 |
19 Dec 1986 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1987 |
29 May 1987 p. 2233 |
29 May 1987 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1988 |
30 Sep 1988 p. 4006 |
30 Sep 1988 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1988 |
30 Dec 1988 p. 5121 |
1 Jan 1989 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1989 |
30 Jun 1989 p. 1899 |
30 Jun 1989 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 3) 1989 |
1 Dec 1989 p. 4430 |
1 Dec 1989 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 4) 1989 |
15 Dec 1989 p. 4581 |
1 Jan 1990 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 5) 1989 |
29 Dec 1989 p. 4669 |
29 Dec 1989 (see r. 2 and Gazette 29 Dec 1989 p. 4665) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1990 |
7 Sep 1990 p. 4652‑3 |
7 Sep 1990 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1990 |
2 Nov 1990 p. 5453 |
2 Nov 1990 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 3) 1990 |
14 Dec 1990 p. 6142 |
1 Jan 1991 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1991 |
29 Nov 1991 p. 6042‑3 |
1 Jan 1992 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1991 |
24 Dec 1991 p. 6469 |
24 Dec 1991 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1992 |
28 Jul 1992 p. 3729 |
28 Jul 1992 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1992 |
18 Dec 1992 p. 6137‑8 |
1 Jan 1993 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1993 |
12 Oct 1993 p. 5469 |
12 Oct 1993 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1993 |
31 Dec 1993 p. 6874 |
1 Jan 1994 (see r. 2) |
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Reprint of the Construction Industry Portable Paid Long Service Leave Regulations 1986 as at 1 Jul 1997 (includes amendments listed above) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1997 |
28 Nov 1997 p. 6985 |
1 Jan 1998 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1998 |
20 Feb 1998 p. 929 |
20 Feb 1998 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 1998 |
16 Oct 1998 p. 5730 |
1 Jan 1999 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 1999 |
8 Jun 1999 p. 2470 |
8 Jun 1999 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 2002 r. 4 |
18 Oct 2002 p. 5221 |
1 Jan 2003 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 2002 |
5 Nov 2002 |
5 Nov 2002 [Published again in Gazette 12 Nov 2002 p. 5466 but amendment of 12 Nov 2002 has no effect] |
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Reprint 2: The Construction Industry Portable Paid Long Service Leave Regulations 1986 as at 3 Jan 2003 (includes amendments listed above) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 2004 |
20 Feb 2004 p. 603 |
20 Feb 2004 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations (No. 2) 2004 |
12 Oct 2004 p. 4753‑4 (as amended in Gazette 14 Dec 2004 p. 6002) |
1 Jan 2005 (see r. 2) |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 2005 |
8 Jul 2005 p. 3159 |
8 Jul 2005 |
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Construction Industry Portable Paid Long Service Leave Amendment Regulations 2006 |
7 Nov 2006 p. 4677‑8 |
Regulations other than r. 4: 7 Nov 2006 (see r. 2(1)); |