Australian Capital Territory Numbered Acts

LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) (AMENDMENT) ACT 1990 (NO. 9 OF 1990) - SECT 12

12. Section 57 of the Principal Act is amended—

    (a)     by omitting paragraph (1) (b) and substituting the following paragraph:

    “(b)     R is the weekly average of the ordinary remuneration received by the applicant, being the greater of the following 2 amounts:

              (i)     the amount calculated in accordance with the formula

OR	x 5, where—

( DS + DA + PH )

    OR     is the aggregate of the ordinary remuneration recorded in the Employees and Contractors Register as received by the applicant during the assessment time;

    DS     is the number of days' service during the assessment time credited to the applicant in the Employees and Contractors Register;

    DA     is the number of days during the assessment time during which the applicant was absent from employment in the building and construction industry and was paid, or was entitled to be paid, ordinary remuneration, or compensation under the Workmen's Compensation Act 1951 , by an employer in that industry, being days which are not credited to the applicant as service in the Employees and Contractors Register; and

    PH     is the number of public holidays and award holidays during the assessment time;

              (ii)     the amount calculated in accordance with the formula

OR	x 5, where—

( DS + DA + PH )

    OR     is the aggregate of the ordinary remuneration recorded in the Employees and Contractors Register as received by the applicant during the 12 month period ending at the termination of the last assessment period before the assessment date;

    DS     is the number of days' service during the 12 month period ending at the termination of the last assessment period before the assessment date, being service which is credited to the applicant in the Employees and Contractors Register;

    DA     is the number of days during the 12 month period ending at the termination of the last assessment period before the assessment date during which the applicant was absent from employment in the building and construction industry and was paid, or was entitled to be paid, ordinary remuneration, or compensation under the Workmen's Compensation Act 1951 , by an employer in that industry, being days which are not credited to the applicant as service in the Employees and Contractors Register; and

    PH     is the number of public holidays and award holidays during the 12 month period ending at the termination of the last assessment period before the assessment date”; and

    (b)     by adding at the end the following subsection:

“(3) In subsection (1)—

‘assessment date' in relation to an applicant, means the date on which the relevant application is received by the Board;

‘assessment period' means—

        (a)     in relation to an applicant who is an employee—a period in relation to which a notice specifying the applicant as an employee has been lodged pursuant to section 37; or

        (b)     in relation to an applicant who is a contractor—a period in relation to which the applicant has lodged a notice pursuant to section 38;

‘assessment time' means the 2 assessment periods most recently completed before the assessment date, whether or not those periods are consecutive.”.