Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 (NSW)

Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 No 122

An Act to establish a scheme for portability of long service leave in the contract cleaning industry; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010.

2 Commencement This Act commences on 1 July 2011.

3 Definitions (1) In this Act— approved form means in the form approved by the Corporation. 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. inspector means a person authorised under section 86 to be an inspector for the purposes of Part 8. 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.