Contents (2010 - 122)
Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 No 122
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
4 Meaning of “cleaning work”
5 Meaning of “employee”
6 Meaning of “employer”
7 Meaning of “worker”
8 Declaration by Minister—coverage of Act
9 Constitution of Long Service Leave Committee

Part 2 Registration

Division 1 The registers

10 Corporation must keep registers
11 Employers register
12 Employer’s registration day
13 Workers register
14 Worker’s registration day
15 Inspection of registers

Division 2 Registration of employers

16 Registration
17 Application for registration by employers
18 Dealing with applications for registration as an employer
19 Certificate of registration for employers
20 Registered employer to notify change of details

Division 3 Registration of workers

21 Registration
22 Application for registration by workers
23 Application by employers for registration of employee
24 Dealing with applications for registration as registered worker
25 Corporation may register worker without application
26 Annual statements for workers
27 Registered worker to notify inaccuracies

Division 4 Cancellation and suspension of registration

28 Cancellation of worker’s registration
29 Suspension of worker’s registration
30 Reinstatement of cancelled registration
31 Cancellation of employer’s registration

Division 5 Notices

32 Notice of registration decisions

Part 3 Service credits

33 Meaning of “engagement period”
34 Service credit
35 Limitations on crediting service
36 Foundation worker service credit
37 Service credit for breaks in engagement periods
38 Service credit—insolvent employer

Part 4 Returns and records

Division 1 Returns

39 Returns by employers
40 Exemption from lodging return
41 Returns by contractors who are registered workers

Division 2 Review of ordinary remuneration

42 Review of ordinary remuneration by Corporation
43 Notice of Corporation’s decision on review of remuneration
44 Effect of variation of ordinary remuneration
45 Variation of ordinary remuneration

Division 3 Records

46 Employers to keep records
47 Registered contractors to keep records

Part 5 Long service leave levy

48 Determination of levy—employers
49 Determination of levy—contractors
50 Levy payments by employers
51 Levy payments by registered contractors
52 Interest on, and extension of time for payment, of levy
53 Assessment of unpaid levy
54 Authorised agents for collection of levies

Part 6 Long service leave

55 Long service leave
56 Years of recognised service
57 Long service leave formula—contract cleaning industry
58 Amount of leave—contract cleaning industry
59 Grant of leave by employers—contract cleaning industry
60 Payments for leave
61 Long service leave not payable if payment previously made
62 Prohibition on payments in lieu of leave
63 Entitlement to pro rata payment instead of leave in limited circumstances
64 Pro rata payments instead of leave
65 How are leave entitlements to be worked out?
66 Leave payments to employee for service as a registered worker
67 Leave payments to a contractor for service as a registered worker
68 Deemed minimum and maximum rates of pay
69 Public holidays not to count as leave
70 Corporation may pay if employer insolvent
71 Payment may be deferred
72 Corporation’s liability confined to long service leave

Part 7 Appeals to Committee

Division 1 General

73 Appeals—general provisions
74 Hearing and determination of appeals by 2 or more members
75 Notice of appeal decisions
76 Personal representative of deceased person may appeal on person’s behalf

Division 2 Rights of appeal

77 Appeals against refusal to register as employer
78 Appeals against refusal to register as registered worker
79 Appeal against cancellation of employer’s registration
80 Appeal against cancellation of worker’s registration
81 Appeals against refusal to grant exemption or revocation of exemption
82 Appeal in relation to payment of interest on long service levies etc
83 Appeals against levy assessments
84 Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay

Part 8 Enforcement

Division 1 Authorisation and identification of inspectors

85 Definition
86 Authorisation of inspectors
87 Identification of inspectors

Division 2 Powers of entry and inspection

88 Power to enter premises
89 Entry into residential premises only with permission or warrant
90 Search warrants
91 Powers to inspect and seize things
92 Dealing with seized things
93 Assistance to be given to inspectors
94 Provisions relating to requirements to furnish records, information or answer questions
95 Offences under this Part

Division 3 Other enforcement matters

96 Service of documents
97 Authentication of certain documents by Corporation
98 Corporation may require applicant under section 17 to provide further information or evidence
99 Corporation may require applicant under section 22 or 23 to provide further information or evidence
100 Notice requiring information or documents
101 False statements
102 Disclosure of information

Division 4 Proceedings for offences and debt recovery

103 Nature of proceedings for offences
104 Offences by corporations
105 Recovery of charges etc by Corporation
106 Orders to make levy payments
107 Certificate as to payment of levies

Part 9 Relationship to other laws

108 Definition
109 Benefits under other laws—election
110 Benefits under other laws—reimbursement of employer
111 Reimbursement for certain payments under Long Service Leave Act 1955

Part 10 Reciprocal arrangements

112 Reciprocal agreements for corresponding laws
113 Payment by Corporation on reciprocal authority’s behalf
114 Payments by reciprocal authority on Corporation’s behalf

Part 11 Miscellaneous

115 Personal liability
116 Regulations
117 Review of Act

 Schedule 1 Constitution and procedure of Committee

 Schedule 2 Savings, transitional and other provisions

 Schedule 3 (Repealed)

Historical notes