This Act is the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010.
This Act commences on 1 July 2011.
(1) In this Act:approved form means in the form approved by the Corporation.
Chief Executive Officer means the Chief Executive Officer within the meaning of the Long Service Corporation Act 2010.
cleaning work—see section 4.
Committee means the Contract Cleaning Industry Long Service Leave Committee constituted by section 9.
contract cleaning industry means:
(a) in relation to New South Wales—the industry in which employers provide cleaning work, and minor property maintenance work that is incidental or peripheral to such cleaning work, to other people through the provision of workers’ services, and(b) in relation to a reciprocating State or Territory—the contract cleaning industry within the meaning of the corresponding law of the State or Territory.contractor means a person (other than an employee) who:
(a) performs work for another person for fee or reward on the person’s own account, or(b) is declared to be a contractor for the contract cleaning industry under section 8.Corporation means the Long Service Corporation constituted under the Long Service Corporation Act 2010.
corresponding law means a law of another State or a Territory that makes provision with respect to long service leave and that is declared by the regulations to be a corresponding law.
day, in relation to a worker, means 24 hours or such other period as is prescribed by the regulations as a day for a worker.
employee—see section 5.
employer—see section 6.
employers register means the register referred to in section 11.
employer’s registration day—see section 12.
engagement period for a registered worker—see section 33.
exercise a function includes perform a duty.
foundation worker—see section 21 (2) and (3).
function includes a power, authority or duty.
Fund means the Contract Cleaning Industry Long Service Leave Fund maintained under the Long Service Corporation Act 2010.
levy means the long service leave levy imposed under Part 5.
long service leave formula—see section 57.
ordinary remuneration for a person means the amount paid or payable to the person for cleaning work, other than any amounts for the following:
(a) overtime,(b) expenses incurred by the person,(c) the use of materials, equipment or a motor vehicle provided by the person.premises includes the whole or any part of a building, structure or place, whether built on or not.
reciprocal authority means the entity under a corresponding law that administers the scheme of long service benefits established by that law.
reciprocating State or Territory means a State or Territory with which a reciprocal agreement within the meaning of section 112 is in force.
recognised service, for a registered worker, means the total number of days for all engagement periods entered in the workers register for the worker.
registered employer means an employer who is registered as an employer under Part 2.
registered worker means a person who is registered as a worker under Part 2.
Note. A worker may be a contractor or an employee.return period means:
(a) a 3-month period, ending at the end of 31 March, 30 June, 30 September or 31 December in any year, during which a worker performs cleaning work, or(b) such other period as may be prescribed by the regulations.service, for a registered worker for the contract cleaning industry, means service in the industry.
worker—see section 7.
workers register means the register referred to in section 13.
worker’s registration day—see section 14.
(2) Notes included in this Act do not form part of this Act.
(1) Cleaning work is:(a) work that has, as its only or main component, the bringing of premises into, or maintaining premises in, a clean condition, or(b) work, or an activity, declared to be cleaning work under section 8.(2) Without limiting subsection (1) (a), work referred to in that paragraph includes the collection of trolleys (other than trolley collection of a kind described by the regulations) and hygiene and pollution control.
(1) A person is an employee for the contract cleaning industry if the person is:(a) employed by an employer for that industry, or(b) declared to be an employee for that industry under section 8.(2) In this section:employed includes employed as:
(a) a full-time employee, or(b) a part-time employee, or(c) a casual employee.
(1) An employer for the contract cleaning industry is a person who:(a) employs one or more persons to perform cleaning work in that industry, or(b) is declared to be an employer for that industry under section 8.(2) The following are not employers for the purposes of subsection (1):(a) the Commonwealth,(b) the State,(c) a local government authority,(d) a company whose only workers are directors, if each of the directors participates in the management of the company or shares its profits,(e) a person to whom subsection (1) (a) applies who is excluded by the regulations from being an employer.
(1) A worker for the contract cleaning industry is a person who:(a) is engaged by an employer under a contract of service to perform cleaning work in the industry, or(b) is a contractor who performs cleaning work in the industry.(2) A worker includes a person who is engaged both to perform cleaning work and to supervise other workers in the contract cleaning industry, whether or not the person is known as a supervisor, leading hand or another title.(3) However, worker does not include a person who performs work in the contract cleaning industry:(a) whose only or main duties are managerial or clerical, or(b) under a contract of service with a partnership if the person is a partner and participates in the management of the partnership or shares the profits, or(c) under a contract of service with the Commonwealth, the State or a Territory or a local government authority, or(d) under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director, or(e) under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.
8 Declaration by Minister—coverage of Act
(1) The Minister may, by order published on the NSW legislation website, declare that for this Act:(a) a person is an employer for the contract cleaning industry, or(b) a person is a contractor for that industry, or(c) a person is an employee, or an employee of a stated employer, for that industry, or(d) work, or an activity, is cleaning work.(2) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order under this section in the same way as those sections apply to statutory rules.
9 Constitution of Long Service Leave Committee
(1) There is constituted by this Act the Contract Cleaning Industry Long Service Leave Committee.(2) The Committee is to consist of the following members:(a) the Chief Executive Officer or a nominee of the Chief Executive Officer,(b) 2 persons appointed by the Minister, on the nomination of Unions NSW, to represent that body,(c) 2 persons appointed by the Minister, on the nomination of the Liquor, Hospitality, Miscellaneous Workers Union (NSW Branch), to represent that body,(d) 2 persons appointed by the Minister, on the nomination of the Building Service Contractors Association, to represent that body,(e) 2 persons appointed by the Minister, on the nomination of the Australian Cleaning Contractors’ Association, to represent that body.(3) The person referred to in subsection (2) (a) is to be the Chairperson of the Committee.(4) If a nomination referred to in subsection (2) (b), (c), (d) or (e) is not made by a body within such time as the Minister allows, the Minister may appoint a person the Minister considers suitable to represent that body in place of the person required to be so nominated.(5) Schedule 1 contains provisions relating to members of the Committee.