Queensland: Contract Cleaning Industry (Portable Long Service Leave) Act 2005 (Qld)

Contract Cleaning Industry (Portable Long Service Leave) Act 2005 An Act to provide for an equitable and efficient system of portability of long service leave in the contract cleaning industry, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Contract Cleaning Industry (Portable Long Service Leave) Act 2005. 2 Commencement This Act commences on 1 July 2005. 3 Act binds all persons This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. 4 Main purpose of this Act (1) The main purpose of this Act is to establish a scheme for portability of long service leave in the contract cleaning industry. (2) As part of the scheme, there are registration provisions for employers and workers and ways for calculating long service leave entitlements. (3) Although an employer is required to be registered, the obligations under this Act apply to an employer whether or not the employer is registered under this Act. (4) Generally, an entitlement under this Act only accrues to a worker who is registered under this Act. Part 2 Interpretation 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. 6 Meaning of cleaning work (1) Cleaning work is work performed in Queensland that has as its main or only function the bringing of premises or public open spaces into, or keeping of premises or public open spaces in, a clean condition. Example of public open space— South Bank Parklands (2) However, cleaning work does not include the following work— (a) work that is the cleaning of a swimming pool and the grounds surrounding the swimming pool; (b) work that is the removal of waste from commercial waste receptacles from premises or public open spaces; (c) work that is bringing grounds surrounding a building or house into, or keeping the grounds in, a clean condition; (d) work of a gardening nature, including the removal or alteration of vegetation. 7 Meaning of contract cleaning industry The contract cleaning industry is the industry in which individuals are engaged by a person to perform cleaning work for other people. 8 Who is an employer (1) An employer is a person who engages 1 or more individuals to perform cleaning work in the contract cleaning industry. (2) However, employer does not include— (a) the Commonwealth; or (b) the State; or (c) a local government; or (d) a company whose only workers are directors, if each of the directors participates in the management of the company or shares in its profits. 9 Who is a worker (1) A worker is an individual who— (a) under a contract of service is engaged to perform cleaning work in the contract cleaning industry; or (b) under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or (c) under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless— (i) the individual— (A) is paid to achieve a stated result or outcome; and (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and (C) is, or would be, liable for the cost of fixing a fault with the work performed; or (ii) a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60. (2) Also, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title. (2A) To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry. (3) However, worker does not include an individual who performs work in the contract cleaning industry— (a) in a managerial or clerical capacity; or (b) under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or (c) under a contract of service with the Commonwealth, the State or a local government; 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. 10 Meaning of information notice (1) An information notice is a notice to a person about a decision of the authority relating to the person stating— (a) the decision; and (b) the reasons for the decision; and (c) whether or not the person may apply for a reconsideration of the decision or appeal against the decision to a stated entity; and (d) if the person may make an application or appeal against a decision as mentioned in paragraph (c), the day by which the application must be made or the appeal must be started. (2) A provision under this Act may provide that an information notice for the purposes of the provision must include other stated information. (3) If a person may apply for a reconsideration of a decision, or appeal against a decision to a stated entity, within a number of days after the day an information notice is given to the person, a defect in the notice does not affect the person's right to make the application or appeal in relation to the matters dealt with in the information notice. 11 Grounds that are reasonable in the circumstances (1) If, under this Act, a person is required to be satisfied or not satisfied of, or have a belief or suspicion about, a particular matter before the person may do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied or have the belief or suspicion on grounds that are reasonable in the circumstances. (2) If, under this Act, a person who is satisfied or not satisfied of, or has a belief or suspicion about, a particular matter is required to do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied, or have the belief or suspicion, on grounds that are reasonable in the circumstances. 12 Notes in text A note in the text of this Act is part of the Act. Part 3 Contract Cleaning Industry (Portable Long Service Leave) Authority Division 1 Establishment of authority 13 Authority established (1) The Contract Cleaning Industry (Portable Long Service Leave) Authority is established. (2) The authority— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. (3) The authority does not represent the State. (4) The authority may operate under a trading name prescribed under a regulation. Division 2 Functions and powers of authority 14 Authority's functions (1) The authority's primary function is to provide an equitable and efficient system of portable long service leave for workers in the contract cleaning industry. (2) The other functions of the authority are— (a) to provide educational and awareness programs to the contract cleaning industry to encourage worker membership and industry compliance with this Act; and (b) to give advice and make recommendations to the Minister on issues affecting the provision of long service leave in the industry and the operation of this Act; and (c) to perform other functions conferred on the authority under this or another Act. 15 Authority's powers (1) The authority has the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) charge for, and place conditions on, the supply of goods, services or information it supplies; and (e) engage consultants; and (f) do anything else necessary or convenient to be done in performing its functions. (2) Without limiting subsection (1), the authority has the powers given to it under this or another Act. (3) The authority may borrow from the Building and Construction Authority sufficient funds to provide for its administration expenses and other anticipated outgoings as contemplated by section 40(2) for the financial year starting 1 July 2005. (4) Subsection (3) does not limit the authority's power to borrow funds under the Statutory Bodies Financial Arrangements Act 1982. (5) The authority may exercise its powers inside and outside Queensland. (6) Without limiting subsection (5), the authority may exercise its powers outside Australia. Division 3 Establishment of board for authority 16 Board established (1) The authority has a board of directors. (2) The board's role includes— (a) responsibility for the authority's commercial policy and management; and (b) ensuring, as far as possible, the authority achieves and acts in accordance with its corporate goals and carries out its corporate objectives outlined in its corporate plan; and (c) ensuring the authority otherwise performs its functions in an appropriate, effective and efficient way. 17 Composition of board (1) The board has not more than 8 directors, consisting of— (a) a person appointed as the chairperson; and (b) a person appointed as the deputy chairperson; and (c) 2 or 3 persons appointed as representatives of employers; and (d) 2 or 3 persons appointed as representatives of workers. (2) The deputy chairperson must be a person with knowledge of, and experience in, commerce, economics, finance or management. (3) The number of directors appointed under subsection (1)(c) and under subsection (1)(d) must be equal. 18 Appointment of directors The Governor in Council may appoint, by gazette notice, a person as a director of the board for a term of not more than 3 years. 19 Disqualification from board A person can not become, or continue as, a director if the person— (a) is an insolvent under administration; or (b) is, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act, and the conviction is not a spent conviction. 20 Vacation of office The office of a director becomes vacant if the director— (a) dies; or (b) gives to the Minister a signed notice of resignation; or (c) is absent, without leave of the board and without a reasonable excuse, from 3 consecutive meetings of the board of which proper notice was given; or (d) can not continue as a member under section 19; or (e) is removed from office by the Governor in Council. 21 Casual vacancy (1) If an office of a director becomes vacant during the director's term of appointment, the Governor in Council may appoint someone else to the office for the remaining part of the term. (2) The person appointed in place of the director must— (a) if the director was a director mentioned in section 17(1)(b)—have the knowledge and experience as required under section 17(2); or (b) if the director was a director mentioned in section 17(1)(c) or (d)—be a representative as required under section 17(1)(c) or (d). (3) A person appointed in place of a director who was the chairperson or deputy chairperson will also be the chairperson or deputy chairperson respectively. 22 Remuneration and other entitlements of directors A director is entitled to be paid the fees, remuneration and allowances decided by the Governor in Council. Division 4 Business of the board 23 Conduct of business Subject to this division, the board may conduct its business, including its meetings, in a way it considers appropriate. 24 Frequency of meetings (1) The chairperson must call meetings of the board as often as is necessary for the performance of the authority's functions and the exercise of its powers under this Act. (2) However, the period between each meeting must not be more than 3 months. (3) The chairperson must also call a meeting if both of the following ask for a meeting to be called— (a) a director appointed under section 17(1)(c); (b) a director appointed under section 17(1)(d). 25 Presiding at meetings (1) The chairperson is to preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is not present at a meeting of the board, the deputy chairperson is to preside. (3) When the deputy chairperson presides at a meeting, the deputy chairperson has all the functions and powers of the chairperson. 26 Quorum (1) Business must not be conducted at a meeting of the board unless a quorum is present. (2) A quorum consists of at least 3 directors, including— (a) the chairperson or deputy chairperson; and (b) a director appointed under section 17(1)(c); and (c) a director appointed under section 17(1)(d). 27 Conduct of meetings (1) A question at a meeting of the board is decided by majority vote of the directors present. (2) Each director present at the meeting has a vote on each question to be decided. (3) A director present at the meeting who abstains from voting is taken to have voted for the negative unless the director abstains because of a conflict of interest declared by the director. (4) If the votes are equal, the director presiding at the meeting has a casting vote. (5) The board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen. Example of use of technology— teleconferencing (6) A director who takes part in a meeting under subsection (5) is taken to be present at the meeting. (7) When considering the question, regard must be given to any material from, or comments by, the general manager about the question. 28 Decisions made by written reference (1) A question by written reference may be decided by majority vote of the directors voting on the question in response to the reference. (2) At least 1 of the directors voting on the question must be either the chairperson or deputy chairperson. (3) If the votes are equal and the chairperson is voting, the chairperson has the casting vote. (4) If the votes are equal and the chairperson is not voting, the deputy chairperson has the casting vote. (5) When considering the question, regard must be given to any material from, or comments by, the general manager about the question. (6) In this section— written reference means a procedure in which the general manager gives to each director a question for the director's decision other than at a meeting of the board. 29 Minutes (1) The board must keep a record of a decision of the board, whether the decision is made at a meeting or by written reference. (2) The record must be presented at the board's next meeting for confirmation. (3) If the record is confirmed, it must be signed by the director presiding at the meeting and forms part of the minutes of the meeting. 30 Disclosure of interests by directors of the board (1) This section applies to a director (the interested director) if— (a) the interested director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the director's duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested director's knowledge, the director must disclose the nature of the interest to a board meeting. (3) Unless the board otherwise directs, the interested director must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board about the issue. (4) The interested director must not be present when the board is considering whether to give a direction under subsection (3). (5) If there is another director who must, under subsection (2), also disclose an interest in the issue, the other director must not— (a) be present when the board is considering whether to give a direction under subsection (3) about the interested director; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the director were present; the remaining directors present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the minutes of the meeting. Division 5 Administration 31 Administration subject to Minister Subject to the Minister, the authority administers this Act. 32 General manager The general manager of the authority is the person appointed as the general manager of the Building and Construction Authority. 33 Management of authority by general manager (1) Subject to the board, the general manager is to manage the business of the authority. (2) A thing done in the name of or for the authority by the general manager is taken to have been done by the authority. 34 Staff of the authority (1) The staff of the Building and Construction Authority are to provide the Contract Cleaning Industry (Portable Long Service Leave) Authority with the administrative support services that it requires to carry out its functions effectively and efficiently. (2) Also, a member of the staff may, subject to this Act, do all things necessary for the discharge of the functions of the authority. 35 Authority's seal (1) The general manager must keep the authority's seal in the general manager's custody. (2) The seal may be attached to a document by the general manager only— (a) by resolution of the board; and (b) in the presence of the chairperson or, if the chairperson is absent, the deputy chairperson. (3) Judicial notice must be taken of the imprint of the authority's seal attached to a document. (4) A document with the authority's seal attached to it may be presumed to be properly made. 36 Judicial notice of signatures Judicial notice must be taken of— (a) the signature of a person who is or has been the chairperson, the deputy chairperson, a director of the board or the general manager; and (b) the fact the person holds or has held the relevant office. 37 Document presumed to be properly made A document made by the authority, other than a document required by law to be sealed, may be presumed to be properly made if it is signed by the chairperson, deputy chairperson or general manager. 38 Contracts or agreements (1) The authority's power to make, vary or discharge contracts or agreements must be exercised as follows— (a) for a contract or agreement that, if it were between individuals, must be a written contract or agreement and under seal—by a written contract or agreement in the authority's name and under the seal of the authority; (b) for a contract or agreement that, if it were between individuals, must be a written contract or agreement and signed by the parties—by a written contract or agreement in the authority's name and signed by a person acting for the authority. (2) The authority's power to make, vary or discharge a contract or agreement that, if it were between individuals, may be made orally, may be exercised orally by a person acting for the authority. 39 Agreement about administration of this Act (1) The authority may enter into a written agreement with the Building and Construction Authority in relation to the administration of this Act, including expenses attributable to the administration (administration expenses). Examples of administration expenses— • staff costs • rent • cost of electricity use (2) Without limiting subsection (1), the agreement may provide that the Building and Construction Authority— (a) must pay the administration expenses; and (b) may recoup the administration expenses from the authority, with interest, at a rate stated in the agreement. Division 6 Financial provisions 40 Funds of authority (1) The funds of the authority consist of— (a) levy amounts paid to the authority; and (b) amounts borrowed by the authority; and (c) proceeds from investments by the authority; and (d) other amounts received by the authority. (2) The funds may only be applied in making— (a) long service leave payments; and (b) payments for expenses incurred in the administration of this Act including, for example, payments to the Building and Construction Authority under an agreement mentioned in section 39; and (c) payments for borrowings by the authority; and (d) investments by the authority; and (e) any other payments authorised by this Act or the Community Services Industry (Portable Long Service Leave) Act 2020. 41 Proposed budget and progress budget reports (1) The authority must give the Minister the details of its proposed budget for each financial year at least 30 days before the start of the financial year. (2) The proposed budget has no effect unless it is approved by the Minister. (3) The authority must give the Minister progress reports on the operation of the budget. (4) Progress reports are to be given when, and in the way, the Minister requires. 42 Actuarial investigation of funds (1) At least every 2 years, but otherwise as required by the board, the authority must investigate the adequacy of the authority's funds and the adequacy of the percentage prescribed under a regulation as the rate of levy. (2) For subsection (1), the board must appoint a person (an actuary) who is recognised as an actuary and holds qualifications that the board considers suitable to carry out the investigation. (3) The actuary must— (a) finish the investigation, and report the outcome of the investigation to the authority after the investigation is conducted; and (b) state in the report an opinion about whether the rate of levy should be reduced, increased or stay the same. (4) After the authority receives the report, the authority must give the report to the Minister with its recommendations on— (a) the opinion stated by the actuary under subsection (3)(b); and (b) whether the funds available are adequate to perform the authority's functions. (5) This section does not limit the authority's ability to make other inquiries about whether the authority's funds and the rate of levy are adequate. 43 Application of Finance Acts (1) The authority is a statutory body within the meaning of the Financial Accountability Act 2009. (2) The authority is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (3) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the authority's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Part 4 Registration Division 1 Registration of workers 44 Authority to keep register of workers The authority must keep a register of persons who are registered under section 47 or 48 (a register of workers). 45 Particulars to be entered in register of workers (1) To the extent the authority has, or is reasonably able to obtain, any of the following information about each person who is a registered worker, the authority must enter it in the register of workers in relation to the person— (a) the person's name, birthday and residential address; (b) the day the person became a registered worker; (c) the amount of the person's entitlement to long service leave; (d) if the person no longer performs cleaning work in the contract cleaning industry—the day the person stopped performing cleaning work in the contract cleaning industry. (2) Also, the authority may enter in the register any other information it considers necessary for the administration of this Act. 46 Application for registration as a registered worker (1) A person may apply for registration as a worker in the contract cleaning industry. (2) The application must be in the approved form. (3) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— (a) give further information or documents relevant to the application; (b) verify information or documents forming part of the application including, if asked, by statutory declaration. (4) The authority may refuse to grant the application if the applicant, without reasonable excuse, does not give or verify the information or documents within the stated time. 47 Grant or refusal to grant application for registration as a registered worker If a person applies to the authority for registration as a worker in the contract cleaning industry under section 46, the authority must— (a) consider the application; and (b) either— (i) grant the application and enter the person's name in the register of workers; or (ii) refuse to grant the application and give the person an information notice about the refusal. 48 Worker may become a registered worker other than by application (1) The authority may decide a person is, or was, a worker if— (a) the authority has received information indicating the person is, or was, a worker; and (b) the authority is satisfied that person is, or was, a worker. (2) The authority may decide that a person is, or was, a worker even though an application under section 46 has not been made. (3) If the authority decides a person is, or was, a worker, the authority may enter the person's name in the register of workers. (4) The authority must give the person an information notice about the authority's decision to enter the person's name in the register of workers. 49 When does a person become a registered worker (1) For section 45(1)(b), the day on which a person becomes a registered worker (the registration day) is— (a) if the person applies under section 46 and the application is granted—the day the authority receives the application; or (b) if the authority receives other information indicating the person is a worker as mentioned in section 48—the day the authority receives the information. (2) However, if the authority is satisfied the person was a worker for a period before the person's registration day, the authority must nominate an earlier day as the day the person became a registered worker. (3) For subsection (2), the authority must not nominate a day earlier than— (a) the start of the financial year that is the second last full financial year before the person's registration day, unless the authority is satisfied special circumstances exist; and (b) in any event—1 July 2005. Examples for subsection (3)(a)— 1 A person applies to become a registered worker on 1 February 2009. The authority may nominate a date no earlier than 1 July 2006. 2 The authority receives a return from an employer for a worker on 1 July 2009. The authority may nominate a date no earlier than 1 July 2007. 50 Cancellation of registration as a registered worker (1) The authority may cancel a person's registration under this division if it is satisfied about any of the following— (a) the person has not been a worker; (b) the person has not, for at least 4 consecutive years, been credited with service in the register of workers or a record kept under a corresponding law; (c) the person's application to become a registered worker should have been refused because information provided in the application was false or misleading. (2) If the authority cancels a person's registration, it must— (a) give the person an information notice about the cancellation; and (b) remove the person's name from the register of workers— (i) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or (ii) otherwise—after 120 days from the day the authority gives the person the information notice. (3) However, if a payment for long service leave is made to a person under section 72(2)(a), the authority must immediately— (a) cancel the person's registration as a registered worker; and (b) give the person an information notice about the cancellation; and (c) remove the person's name from the register of workers. (4) When the person's name is removed from the register of workers— (a) the person is no longer a registered worker; and (b) the person, or the personal representative of the person, is not entitled to apply for or be paid long service leave for any days' service credited to the person in the register of workers at the time of the removal. (5) This section does not prevent a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker. Division 2 Registration of employers 51 Authority to keep register of employers The authority must keep a register of persons who are registered under section 55 (a register of employers). 52 Particulars to be entered into register of employers (1) To the extent the authority has, or is able to obtain, any of the following information about each person who is a registered employer, the authority must enter it in the register of employers in relation to the person— (a) the person's name; (b) any trading name of the person; (c) the person's ABN, if any; (d) the address of the person's principal place of business; (e) if the person is a corporation— (i) the address of the corporation's registered office; and (ii) the corporation's ACN; (f) the day the person became registered as an employer; (g) if the person is no longer an employer—the day the person stopped being an employer. (2) Also, the authority may enter in the register any other information it considers necessary for the administration of this Act. 53 Application for registration as a registered employer (1) A person must apply to become a registered employer within 7 days after becoming an employer. Maximum penalty—40 penalty units. (2) The application must be in the approved form. (3) The approved form may require an employer— (a) to state the following— (i) any name under which the employer is or has been engaged in the contract cleaning industry; (ii) any business address of the employer; (iii) any place a record mentioned in section 66 may be inspected during normal business hours; and (b) to give other information or produce documents the authority considers are relevant to the administration of this Act. (4) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— (a) give further information or documents relevant to the application; (b) verify information or documents forming part of the application including, if asked, by statutory declaration. (5) The applicant must comply with a request made under subsection (4) within the stated time, unless the applicant has a reasonable excuse. Maximum penalty for subsection (5)—40 penalty units. 54 Court order about application for registration as a registered employer (1) If a court finds a person guilty of an offence against subsection (2) or section 53(1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to apply to the authority, within a stated time, under section 53 to become a registered employer. (2) A person against whom an order under subsection (1) has been made must comply with the order, unless the person has a reasonable excuse. Maximum penalty for subsection (2)—40 penalty units. 55 Grant or refusal to grant application for registration as a registered employer If a person applies to the authority to become a registered employer under section 53, the authority must— (a) consider the application; and (b) either— (i) grant the application and enter the person's name in the register of employers; or (ii) refuse to grant the application and give the person an information notice about the refusal. 56 Employer to give notice of a change to information given A person who is a registered employer must give notice to the authority about a change to the information provided under section 52(1)(a) to (e) about the person within 14 days after the change happens. Maximum penalty—40 penalty units. 57 Cancellation of registration as a registered employer (1) If a registered employer stops engaging workers to perform cleaning work in the contract cleaning industry, the registered employer may, by notice, apply to the authority for cancellation of the registration. (2) If the authority refuses to cancel the registered employer's registration, the authority must give the registered employer an information notice about the refusal. Division 3 Power to ensure employers are registered 58 Authority may require information or documents from employer (1) This section applies if the authority believes a person is or was an employer, but is not a registered employer. (2) The authority may, by notice given to the person, require the person to give the authority the information or documents stated in the notice that are necessary to enable the authority to decide whether the person is or was an employer in the contract cleaning industry. (3) The notice may state a time, that must be reasonable in the circumstances, within which the information or documents must be given to the authority. (4) The person must comply with the notice within the stated time, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (5) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (6) If a court finds that a person has contravened subsection (4), in addition to an order the court may make imposing a penalty, the court may make another order the court considers appropriate. (7) The person must comply with the order unless the person has a reasonable excuse. Maximum penalty for subsection (7)—40 penalty units. Part 5 Service credits, returns and notices 59 What is an engagement period for a worker (1) An engagement period, for a worker, is a period that— (a) starts on the day a person is engaged by an employer as a worker; and (b) ends on the day the person stops being engaged by an employer as a worker. (2) For subsection (1), it is not relevant whether the employer who engages the person as a worker is the employer who stops engaging the person as a worker. (3) Also engagement period, for a worker, is taken to include any day that the person who is or was a worker did not perform cleaning work because— (a) the person had been dismissed by the person's employer for the period to ensure the person did not take long service leave during the employer's employment; or (b) the person— (i) sustained an injury, within the meaning of the Workers' Compensation and Rehabilitation Act 2003, section 32 while performing work for an employer; and (ii) the person could not perform work for the employer in the contract cleaning industry because of the injury. 60 Crediting service (1) If a worker performs any cleaning work in a return period, the worker must be credited in the register of workers with 1 day's service for each day in the return period, whether or not the worker performed cleaning work on a particular day. Examples for subsection (1)— 1 If a return period is 92 days in length and a worker only performs cleaning work on 1 day each week during the 92 day period, the worker must be credited with 92 days service in the register of workers for the return period, even though the worker only performed cleaning work on 13 of the days. 2 If there are 4 return periods during a worker's engagement period, and the worker only performs cleaning work during 3 of the return periods, the worker will be credited with service for the total number of days in each of the 3 return periods during which the worker performed the cleaning work. (2) However, a worker must not be credited in a return period for a day that is not part of an engagement period for the worker. Example for subsection (2)— If a worker ceases work for an employer on a Monday and is not engaged by another employer to perform cleaning work until the following Thursday, the worker will not be credited in the register of workers with service for the intervening Tuesday and Wednesday. (3) A worker mentioned in section 59(3)(b) must be credited with service as if the worker had performed work in the contract cleaning industry from the day of injury until whichever of the following first happens— (a) a period of 6 months, after the day of the injury, ends; (b) the worker engages in employment. 61 Limitations on crediting service (1) Subject to section 69, a person must not be credited in the register of workers with a day's service unless the day is on or after the day the person became a registered worker under section 49. (2) A worker must not be credited in the register of workers with more than 365 days in a financial year, even if a particular financial year has 366 days. (3) The days of service a worker must be credited for in the register of workers must be adjusted to ensure that the total number is not more than 365 days if— (a) for a financial year, a registered worker would otherwise be entitled to be credited with a number of days of service in the register of workers and a further number of days of service in a like register or record kept under a corresponding law; and (b) the total of the days of service is more than 365 days. (4) The adjustment under subsection (3) must be made when an application is made under this Act or a corresponding law for payment of long service leave for service that includes either or both of the number of days of service mentioned in subsection (3)(a), or at any other time the authority may decide. 62 Returns (1) Within 14 days after the end of a return period, a person who is or was an employer during the return period must give to the authority a return in the approved form for the period. Maximum penalty—40 penalty units. (2) For each worker engaged by the person during the return period, the return must include— (a) the total amount of ordinary wages paid by the employer to the worker during the period for cleaning work performed by the worker; and (b) if the worker's engagement with the person began during the period—the day the engagement period for the worker began; and (c) if the worker's engagement with the person ended during the period—the day the engagement period for the worker ended; and (d) any other information required under a regulation. Maximum penalty—40 penalty units. (3) If asked by the authority, the person must verify the information contained in the return in the way asked by the authority including, if asked, by statutory declaration. Maximum penalty—40 penalty units. (4) An employer must give notice to the authority about a change to information mentioned in subsection (2) within 14 days after the change happens. Maximum penalty—40 penalty units. (5) In this section— worker does not include a worker who— (a) is not a registered worker; and (b) was not recorded as a worker in the person's return for the previous return period; and (c) performed work for the person for less than 5 days during the current return period. 63 Payments of levy (1) This section applies to a person who is or was an employer during a return period (the employer). (2) Within 14 days after the end of the return period, the employer must pay to the authority the amount of the levy payable for each of the employer's workers for the return period calculated under section 83. Maximum penalty—60 penalty units. (3) If the employer must pay to the authority additional amounts stated in a notice given to the employer under section 68(4)(b)(ii), the employer must pay the stated amounts— (a) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the payment of the additional amounts—within 14 days after the application is withdrawn or the liability to pay the additional amounts being finally confirmed; or (b) otherwise—14 days after receiving the notice. Maximum penalty—60 penalty units. (4) If a court finds a person guilty of an offence against this section (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay to the authority the amounts payable under this section. (5) An amount stated in an order under subsection (4) may be recovered by the authority as a debt owed by the person named in the order. (6) In this section— worker does not include a worker who— (a) is not a registered worker; and (b) was not recorded as a worker in the employer's return for the previous return period; and (c) performed work for the employer for less than 5 days during the current return period. 64 Exemption from lodging return (1) An employer may apply to the authority for an exemption from the requirement to give a return under section 62 in relation to a person who is or was engaged by the employer as a worker. (2) The application must be in the approved form. (3) The authority may grant the exemption if the authority is satisfied— (a) the employer no longer engages the person to perform cleaning work; or (b) the employer complies with, or makes contributions to, a similar scheme in another State about long service leave payments for the person in relation to the person performing cleaning work. (4) The authority may, by notice to the employer, revoke an exemption granted under subsection (3) if the authority is satisfied the exemption should no longer be given. (5) If the authority refuses to grant an application under subsection (1), or revokes an exemption under subsection (4), the authority must give the employer an information notice about the refusal or revocation. 65 Civil penalty for failure to give return or pay levy (1) If a person does not give a return to the authority as required under section 62(1), the person is liable to pay to the authority a civil penalty. (2) The amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the return should have been given until the day the return is given. (3) If a person does not pay the amount payable to the authority as required under section 63(2), the person is liable to pay to the authority a civil penalty. (4) The amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the amount should have been paid until the day when it is paid. (4A) However, if during the past 4 return periods, the person has also, on at least 1 other occasion, failed to comply with section 62(1) or 63(2), the amount of the civil penalty is double the amount of the civil penalty mentioned in subsection (2) or (4). (5) The amount payable as a civil penalty under this section— (a) may be recovered by the authority as a debt; and (b) can not be more than an amount equal to the monetary value (at the time of the initial failure) of 40 penalty units. (6) On application by the person or on its own initiative, the authority may remit all or part of an amount payable as a civil penalty if satisfied— (a) the person did not directly or indirectly cause the circumstances of the contravention; or (b) it would be fair and reasonable to make the remission given the circumstances. (7) If a court finds a person guilty of an offence against section 62(1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to— (a) pay the authority the amount of the civil penalty payable under subsection (2) or (4A) to the day of the order, and an amount of interest calculated under section 87 in relation to the amount; and (b) file a return for the relevant period. (8) If a court finds a person guilty of an offence against section 63(2) or (3) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay the authority— (a) all or part of the amount the subject of the prosecution; and (b) in relation to an offence against section 63(2)—the amount of the civil penalty payable under subsection (4) or (4A) to the day of the order and an amount of interest calculated under section 87 in relation to the amount. (9) The amount stated in an order under subsection (7)(a) or subsection (8) may be recovered by the authority as a debt owed by the person named in the order. 66 Employer to keep record for each worker (1) For each worker of an employer, the employer must keep a record of the following particulars— (a) the worker's name, birthday and residential address; (b) if the worker is a registered worker, the registration number of the worker; (c) the days worked by the worker; (d) the ordinary wages earned by the worker for each day worked; (e) the day the worker's service with the employer started; (f) details of long service leave granted to, or taken by, the worker; (g) details of a payment made instead of long service leave to the worker; (h) if the worker is no longer engaged to perform cleaning work for the employer—the day the worker stopped being engaged to perform cleaning work for the employer. Maximum penalty—40 penalty units. (2) The employer must keep the record for at least 6 years after the last entry is made in it. Maximum penalty—40 penalty units. Note— An authorised officer may require an employer to give the authorised officer a record under section 125. 67 Notice to registered workers about service credits (1) This section applies to a person if the person was a registered worker on 30 June of a financial year. (2) The authority must give to the person a notice stating— (a) the number of days' service in the contract cleaning industry, as shown in the register of workers, the registered worker was credited with for the financial year; and (b) the total number of days' service in the contract cleaning industry the registered worker was credited with from the day the person became a registered worker to the end of the financial year; and (c) the total amount of ordinary wages paid in the financial year for cleaning work performed by the registered worker. (3) A notice under subsection (2) to a person may be given by allowing the person to access the authority's website to obtain the information mentioned in subsection (2) in relation to the person. 68 Decisions about ordinary wages by the authority (1) This section applies if the authority suspects the ordinary wages stated in a return (the return amount) given to the authority by an employer do not accurately reflect the amount of ordinary wages of a particular worker, or all of the workers, of the employer in the return period. (2) After considering all relevant matters, the authority may decide the return amount for the return period is either reasonable or not reasonable. (3) If the authority decides the return amount is not reasonable, the authority must give the employer an information notice about the decision. (4) The information notice must— (a) state the amount of ordinary wages of the worker or workers for the return period that the authority decides is reasonable; and (b) require the employer to pay— (i) an amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a); and (ii) additional amounts for which the employer is liable under sections 65(1) and (3) and 87(1). (5) The amount required to be paid under subsection (4)(b) may be recovered by the authority as a debt. 69 Retrospective service credits (1) A registered worker, or person who applies to become a registered worker, may apply to the authority for credit for service (retrospective service credit) for a time the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement. (2) The authority must credit the applicant in the register of workers with the retrospective service credits the authority reasonably considers the applicant is entitled to if— (a) the authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and (b) the applicant is, or becomes, a registered worker. (3) However, a registered worker must not be credited with retrospective service credits— (a) for more than 5 years; or (b) for more than 365 days for any year in the 5 year period; or (c) for a period for which the worker has an entitlement under subsection (4). (4) If a worker, who is entitled to become a registered worker on the commencement, has an entitlement to long service leave under the Industrial Relations Act 1999 from an employer, the liability for the entitlement remains with the employer. (5) The authority must nominate the total amount of the ordinary wages for the period of the retrospective service credits. (6) For calculating the amount of a long service leave payment under section 73, the amount of the ordinary wages nominated by the authority under subsection (5) is taken to have been earned by the worker in a return period. (7) The authority must give the applicant an information notice about the decision and, if the authority credits the registered worker with retrospective service credits, the notice must include— (a) the amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2); and (b) the total amount of the ordinary wages the authority has nominated under subsection (5). (8) In this section— commencement means commencement of this section. employer means an employer of the worker (on or before the commencement) for the period for which the worker applies for retrospective service credit. 70 Time frames for application for retrospective service credits (1) An application under section 69(1) must be— (a) made within 2 years after the commencement of this section; and (b) made in the approved form; and (c) accompanied by evidence that the applicant was engaged in performing cleaning work in the contract cleaning industry and evidence of the applicant's ordinary wages for the time covered by the application. (2) However, the authority may accept an application made after 2 years after the commencement of this section, if the authority considers there are special circumstances in relation to the particular application. (3) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— (a) give further information or documents relevant to the application; (b) verify information or documents forming part of the application including, if asked, by statutory declaration. (4) The authority may refuse to grant the application if the applicant, without reasonable excuse, does not give, or verify, the information or documents within the stated time. (5) If the authority refuses to grant the application, the authority must give the applicant an information notice about the refusal. Part 6 Long service leave 71 Application for long service leave entitlement (1) A registered worker who has credit for service in the register of workers may apply to the authority for payment for— (a) all or part of the registered worker's long service leave entitlement under section 72(1); or (b) all of the registered worker's long service leave entitlement under section 72(2)(a). (2) A registered worker may be paid for all or part of the registered worker's long service leave entitlement, without taking long service leave, if— (a) an industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and (b) the registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement. (3) If the registered worker does not enter into a signed agreement under subsection (2)(b), a payment may be made only if— (a) the registered worker has accrued 3,650 days service in the register of workers; and (b) the industrial commission has ordered the payment under the Industrial Relations Act 2016, section 110(3). (4) If a registered worker has died and, immediately before the death, the registered worker had an entitlement to long service leave under section 72(1), the registered worker's personal representative may apply to the authority for payment for the entitlement. (5) An application under this section must be in the approved form. (6) If the authority refuses payment in relation to an application for payment under subsection (1) or (4), the authority must give the applicant an information notice about the refusal. 72 Entitlement to long service leave (1) If a registered worker has been credited with 3,650 days or more service in the register of workers, the registered worker's entitlement to long service leave is— (a) for each period of 3,650 days of service—8.67 weeks; and (b) for each day of service not included in a period of service under paragraph (a)—the proportion of 8.67 weeks that the number of days' service bears to 3,650 days. (2) A worker is entitled to a proportionate payment for long service leave if the worker has been credited with at least 2,555 days' service in the register and— (a) intends to permanently stop performing cleaning work in the contract cleaning industry; or (b) dies. (3) Long service leave does not include a public holiday that happens during the long service leave taken by the registered worker. 73 Amount of long service leave payment (1) Subject to sections 72 and 74, the authority must pay to an applicant for payment of a long service leave entitlement under section 71 an amount for long service leave calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker's moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that is payable for the classification level at the time the application under section 71 is made. (2) The authority must pay the applicant for a public holiday that happens during the long service leave taken by the applicant. (3) Unless it is likely to be the last payment for a long service leave entitlement paid to the applicant by the authority, the authority must not pay the applicant for a period of long service leave that is less than 5 days. (4) In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages, of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period. 74 Long service leave not payable in particular cases A registered worker is not entitled to be paid for a long service leave entitlement for a day's service that is credited to the registered worker in the register of workers if a payment for the entitlement, or a payment for the day's service under section 75, has already been made under this or another Act or an award. 75 Payments to employers (1) This section applies if a registered worker has been paid all or part of the registered worker's long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. (2) This section also applies if a registered worker has died and the registered worker's personal representative has been paid all or part of the registered worker's long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. (3) On application by the employer who paid the registered worker's long service leave entitlement, the authority must pay to the employer an amount calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker's moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that was payable for the classification level at the time the long service leave entitlement was paid by the employer. Note— An employer is not entitled to be paid an amount under this section for a period for which retrospective service credits were credited as mentioned in section 69(2). (4) An application under subsection (3) must be made— (a) in the approved form; and (b) within— (i) 3 months after the entitlement was paid; or (ii) a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid. (5) However, the employer is not entitled to be paid under this section— (a) an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2); or (b) an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker's long service leave entitlement for the period by someone other than the employer. (6) Despite section 50(1)(a), for a worker whose name has been removed from the register of workers under that provision, an employer is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker's name had not been removed. (7) An employer is entitled to be paid for a public holiday that happens during the long service leave taken by a registered worker. (8) In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages, of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period. 76 If employer unable to pay benefit (1) This section applies if the authority is satisfied that— (a) a registered worker is, or was immediately before the registered worker's death, entitled to long service leave, other than under this Act, for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry; and (b) the employer who is liable to pay the entitlement can not pay the full amount of the entitlement. (2) The employer may pay to the authority the amount (the paid amount) that represents the amount of the entitlement, less an amount the employer would have been entitled to be paid under section 75 if the employer had paid the full amount of the entitlement to the registered worker or the personal representative of the registered worker. (3) If the employer pays the paid amount to the authority— (a) the authority must pay the amount of the registered worker's long service leave entitlement mentioned in subsection (1)(a) to— (i) the registered worker; or (ii) if the registered worker has died—the personal representative of the registered worker; and (b) the employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the r