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This is a Bill, not an Act. For current law, see the Acts databases.


CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE AMENDMENT (COVID-19 RESPONSE) BILL 2020

                    Western Australia


Construction Industry Portable Paid Long
 Service Leave Amendment (COVID-19
           Response) Bill 2020

                        Contents

1.    Short title                                             2
2.    Commencement                                            2
3.    Act amended                                             2
4.    Section 3 amended                                       2
5.    Section 3B inserted                                     4
      3B.      Day of service                            4
6.    Section 6 amended                                       5
7.    Section 22 amended                                      5
8.    Section 23 amended                                      6
9.    Section 24A amended                                     6
10.   Section 24B inserted                                    6
      24B.     Proportional leave in advance after
               5 years' service during COVID recovery
               period                                    6
11.   Section 29 amended                                      7
12.   Schedule Division 3 inserted                            7
      Division 3 -- Construction Industry Portable Paid
             Long Service Leave Amendment (COVID-19
             Response) Act 2020
      4.        Persons removed from register during
                pre-commencement period to be
                re-registered                            7




                            211--1                            page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Construction Industry Portable Paid Long
     Service Leave Amendment (COVID-19
               Response) Bill 2020

                               A Bill for


An Act to amend the Construction Industry Portable Paid Long
Service Leave Act 1985.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Construction Industry Portable Paid Long Service Leave Amendment
     (COVID-19 Response) Bill 2020



     s. 1



1    1.         Short title
2               This is the Construction Industry Portable Paid Long Service
3               Leave Amendment (COVID-19 Response) Act 2020.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 come into operation on the day on
7                      which this Act receives the Royal Assent (assent day);
8                (b) sections 3, 4(1), (3) and (4) and 5 are deemed to have
9                      come into operation on 1 April 2020;
10               (c) the rest of the Act comes into operation on the day after
11                     assent day.

12   3.         Act amended
13              This Act amends the Construction Industry Portable Paid Long
14              Service Leave Act 1985.

15   4.         Section 3 amended
16        (1)   In section 3(1) delete the definition of day of service and insert:
17

18                    day of service has the meaning given in section 3B;
19

20        (2)   In section 3(1) insert in alphabetical order:
21

22                    COVID recovery period means the period of
23                    12 months beginning on the day on which the
24                    Construction Industry Portable Paid Long Service
25                    Leave Amendment (COVID-19 Response) Act 2020
26                    section 4(2) comes into operation;
27




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       Construction Industry Portable Paid Long Service Leave Amendment
                                            (COVID-19 Response) Bill 2020



                                                                          s. 4


1    (3)    In section 3(1) insert in alphabetical order:
2

3                 stood down has the meaning given in subsection (3B);
4

5    (4)    After section 3(3a) insert:
6

7          (3B)   For the purposes of this Act, an employee is stood
8                 down in respect of a day if --
9                   (a) the employee is employed by an employer on
10                        the day; and
11                 (b) the employee would usually work in that
12                        employment on the day; and
13                  (c) 1 of the following applies in relation to that
14                        employment --
15                           (i) the employee is given a jobkeeper
16                               enabling stand down direction
17                               authorised by the Fair Work Act 2009
18                               (Commonwealth) section 789GDC for
19                               the day;
20                          (ii) the employee is stood down for the day
21                               under the Fair Work Act 2009
22                               (Commonwealth) section 524(1);
23                         (iii) the employee is stood down for the day
24                               under an industrial instrument;
25                         (iv) the employee is stood down for the day
26                               in the prescribed circumstances.
27




                                                                    page 3
     Construction Industry Portable Paid Long Service Leave Amendment
     (COVID-19 Response) Bill 2020



     s. 5


1    5.       Section 3B inserted
2             After section 3 insert:
3


4           3B.     Day of service
5             (1)   For the purposes of this Act, a day of service is --
6                    (a) a day in respect of which an employee is
7                           entitled to receive ordinary pay, including a day
8                           on which the employee is --
9                              (i) on long service leave under this Act; or
10                            (ii) on annual leave in excess of 4 weeks in
11                                  any period of 12 months; or
12                           (iii) on paid sick leave;
13                          or
14                   (b) a day in respect of which an employee is stood
15                          down, if the employee is --
16                             (i) not a casual employee; or
17                            (ii) a casual employee of an employer who
18                                  has been working in that employment
19                                  on a regular and systematic basis during
20                                  the period of 12 months ending on the
21                                  day.
22            (2)   If an employee is stood down for a period of days, the
23                  reference in subsection (1)(b)(ii) to the day is a
24                  reference to the first day of the period.
25




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            Construction Industry Portable Paid Long Service Leave Amendment
                                                 (COVID-19 Response) Bill 2020



                                                                                s. 6


1    6.         Section 6 amended
2               In section 6(1)(b)(ii) delete "Chamber of Commerce and
3               Industry of Western Australia (Inc);" and insert:
4

5               Chamber of Commerce and Industry of Western Australia
6               Limited;
7


8    7.         Section 22 amended
9         (1)   In section 22(1):
10                (a) delete "section 24A(1)," and insert:
11

12                     sections 24A(1) and 24B(2),
13

14               (b)   before paragraph (a) insert:
15

16                     (aa)   if the termination occurs during the period
17                            beginning on 1 April 2020 and ending on the
18                            last day of the COVID recovery period and the
19                            employee has completed at least 5 years of
20                            service but less than 7 years of service, a sum
21                            which bears the same proportion to the money
22                            value of the entitlement referred to in
23                            section 21(1)(a) as the period of service
24                            completed bears to 10 years; or
25

26        (2)   In section 22(2) delete "24A(1)," and insert:
27

28              24A(1) or 24B(2),
29




                                                                          page 5
     Construction Industry Portable Paid Long Service Leave Amendment
     (COVID-19 Response) Bill 2020



     s. 8


1          (3)    After section 22(2) insert:
2

3                (2A)   If an employee dies during the period beginning on
4                       1 April 2020 and ending on the last day of the COVID
5                       recovery period, subsection (2) applies in relation to
6                       the employee as if the reference to 7 years of service
7                       were a reference to 5 years of service.
8


9    8.           Section 23 amended
10                After section 23(1) insert:
11

12               (1A)   Subsection (1) does not apply to a person during the
13                      COVID recovery period if on 1 April 2020 the person
14                      had been engaged as an employee for any number of
15                      days exceeding 880 days of service.
16


17   9.           Section 24A amended
18                In section 24A(2) delete "27,".
19                Note: The heading to amended section 24A is to read:
20                      Proportional leave in advance after 7 years' service

21   10.          Section 24B inserted
22                After section 24A insert:
23


24           24B.       Proportional leave in advance after 5 years' service
25                      during COVID recovery period
26                (1)   This section applies during the COVID recovery
27                      period.
28                (2)   An employee with at least 5 years of service in the
29                      construction industry may, with the consent of the


     page 6
           Construction Industry Portable Paid Long Service Leave Amendment
                                                (COVID-19 Response) Bill 2020



                                                                               s. 11


1                      employee's employer, take advance long service leave
2                      for not longer than the period which bears the same
3                      proportion to the length of the employee's service then
4                      completed as the period of 8⅔ weeks bears to 10 years,
5                      and where leave is so taken, the employee is not
6                      entitled to further long service leave or a payment
7                      under section 22(1) for the period of service in respect
8                      of which advance long service leave has been taken.
9                (3)   Sections 24(3), 28 and 29 apply to and in relation to the
10                     taking of advance long service leave by an employee
11                     under subsection (2) in the same way as they apply to
12                     and in relation to the taking of long service leave by an
13                     employee under an entitlement conferred by
14                     section 21(1).
15


16   11.         Section 29 amended
17               In section 29(a) delete "21 or 24A; and" and insert:
18

19               21, 24A or 24B; and
20


21   12.         Schedule Division 3 inserted
22               At the end of the Schedule insert:
23


24               Division 3 -- Construction Industry Portable Paid Long
25              Service Leave Amendment (COVID-19 Response) Act 2020

26         4.          Persons removed from register during
27                     pre-commencement period to be re-registered
28               (1)   In this clause --
29                     pre-commencement period means the period beginning on
30                     1 April 2020 and ending immediately before the day on
31                     which the Construction Industry Portable Paid Long


                                                                            page 7
     Construction Industry Portable Paid Long Service Leave Amendment
     (COVID-19 Response) Bill 2020



     s. 12


1                   Service Leave Amendment (COVID-19 Response) Act 2020
2                   section 8 comes into operation.
3             (2)   If, during the pre-commencement period, the Board causes
4                   the name of a person to be removed under section 23(1)
5                   from the employees register and on 1 April 2020 the person
6                   had been engaged as an employee for any number of days
7                   exceeding 880 days of service, the Board must cause the
8                   person to be re-registered as an employee under this Act.
9             (3)   If a person is re-registered --
10                    (a)   the entitlements, obligations and liabilities of all
11                          persons are taken to be, and to have always been,
12                          the same as if the Board had not caused the name of
13                          the person to be removed; and
14                    (b)   anything done, or purportedly done, is as valid and
15                          effective, and is to be taken to have always been as
16                          valid and effective, as it would have been if the
17                          Board had not caused the name of the person to be
18                          removed.
19            (4)   In this clause, a reference to the doing of anything includes a
20                  reference to an omission to do anything.
21


22




 


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