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General overview - portable long service leave

Definition of construction work

The Board

 

General overview - portable long service leave
The Scheme enables workers to qualify for long service leave based on their service to the industry rather than service with the same employer. Registered workers can therefore work for any number of employers in the construction industry and continue to accumulate long service leave benefits. 

Key features include:

  • Long service leave coverage consistent with interstate arrangements. The Northern Territory Government is party to the reciprocal arrangements agreement between all states and the Australian Capital Territory. 
  • Benefits are consistent with current building and construction industry and NT long service leave standards.
  • The Scheme is funded through an actuarially determined levy on construction projects of (effective from 7 April 2014) at least $1 million, or more in value - excluding single detached dwellings, including related private garages, carports, sheds or the like.
  • The portable long service leave scheme is administered by a local Board, appointed to oversee the management of the Scheme through a local office.
  • Employers provide a register of eligible construction workers employed and the Scheme maintains the register.
  • Arrangements have been developed to prevent double counting of service and duplication of entitlements. Recognition and transfer of prior Northern Territory service is conditional upon receipt of appropriate funding and approval by the Scheme.
  • The Scheme is statute based, subject to governance arrangements of industry and independent representatives appointed by the Minister.

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Definition of construction work
For the purpose of the Act, construction work covers civil works, land draining and reclamation, earthworks, site restoration and landscaping. It also includes altering, repairing, restoring, maintaining, dismantling, demolishing or removing buildings, structures or fittings and fixtures therein.

Construction work is defined in section 6 of the Construction Contracts (security of Payments) Act (available for downloading or viewing on the NT Government legislation database) is defined as:

....

          6 (1)   Construction work is any of the following work on a site in the Territory:

(a)      reclaiming land, draining land or preventing the subsidence, movement or erosion of land;

(b)      installing, altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing any works, apparatus, fittings, machinery or plant associated with any work mentioned in paragraph (a);

(c)      constructing the whole or a part of any civil works, or a building or structure, that forms or will form (whether permanently or not and whether or not in the Territory), part of land or the seabed (whether above or below it);

(d)      fixing or installing on or in anything mentioned in paragraph (c) any fittings forming, or to form, (whether or not permanently) part of the thing, including:

(i)       fittings for electricity, gas, water, fuel oil, air, sanitation, irrigation, telecommunications, air-conditioning, heating, ventilation, fire protection, cleaning, the security of the thing or the safety of people; and

(ii)      lifts, escalators, insulation, furniture or furnishings;

(e)      altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing anything mentioned in paragraph (c) or any fittings described in paragraph (d) that form part of the thing;

(f)      any work that is preparatory to, necessary for, an integral part of or for the completion of any work mentioned in paragraph (a), (b), (c), (d) or (e), including:

(i)       site or earthworks, excavating, earthmoving, tunnelling or boring; and

(ii)      laying foundations; and

(iii)     erecting, maintaining or dismantling temporary works, a temporary building or a temporary structure, including a crane or other lifting equipment and scaffolding; and

(iv)     cleaning, painting, decorating or treating any surface; and

(v)      site restoration or landscaping;

(g)      any work that is prescribed by the Regulations to be construction work for this Act.

          6 (2)   However, construction work does not include any of the following work on a site in the Territory:

(a)      drilling for the purposes of discovering or extracting oil or natural gas, whether or not on land;

(b)      constructing a shaft, pit or quarry, or drilling, for the purposes of discovering or extracting any mineral bearing or other substance;

(c)      constructing, installing, altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing wholly artistic works including sculptures, installations and murals;

(d)      work prescribed by the Regulations not to be construction work for this Act.

           6 (3)        In addition, construction work does not include constructing the whole or part of any watercraft.

....

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The Board
The Scheme is administered by a Board appointed by the relevant Northern Territory Government Minister who under the Administrative Arrangements Order is allotted general and financial administration of the Construction Industry Long Service Leave and Benefits Act (the Act), currently the Minister for Business.

The functions of the NT Build Board are to administer the Scheme and to advise and make recommendations to the responsible Minister about the operations of the Act.

Each financial year the Board is required to provide the responsible Minister with an annual report on its operation during that year, including it's audited financial statements.

Pursuant to section 54 of the Act, the following appointments for membership of the NT Build Board have been made.

Section 54(2)(a) 
- the Chairperson

Michael Martin OAM
Retired senior NT Public Sector employee
Section 54(2)(b)
- 4 other members

David Malone
Executive Director
Master Builders NT

Dick Guit
President of the MBA NT

Michael Milatos
Director
Cento Pty Ltd

Michael Haire
QLD/NT Organiser
Electrical Trades Union (ETU)

Section 54(3)
- additional members
nominated by Minister
Sarah Rummery
Assistant Under Treasurer
Department of Treasury and Finance
Rosemary Campbell
Director
Merit Partners

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Last updated: Thursday, 24-Aug-2017 15:13:23 CST.