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3A Who is an eligible worker

(1) An eligible worker is an individual who-

(a)under a contract of service is engaged to perform work in the building and construction
industry for the majority of the person’s ordinary hours of work; or

(b)under a contract, whether or not the contract is a contract of service, or at piecework rates,
is engaged to perform work in the building and construction industry, for labour only or
substantially for labour only, for the majority of the person’s ordinary hours of work; or

(c)under a contract, whether or not the contract is a contract of service, performs work in the
building and construction industry for the majority of the person’s ordinary hours of work,
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, eligible worker includes-


(a) an individual who is engaged to perform both work and supervision of
other workers in the building and construction industry, whether or not
the individual is known as a supervisor, leading hand or another title; and

(b) an individual who is appointed as a safety officer by the person conducting
a business to advise the person in relation to work health and safety
duties under the Work Health and Safety Act 2011, in relation to building
and construction work, whether or not the individual performs or usually
performs building and construction work.

(3) This section is subject to section 3B.


3B When an individual is not an eligible worker
(1) An individual is not an eligible worker if-

(a) the individual performs work in the building and construction industry-

(i) in a managerial, clerical, professional or ancillary capacity; or

(ii) 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
(iii) under a contract of service with a government entity or a local
government; or

(b) the individual is engaged under a contract of service with a non-
Queensland government entity; or

(c) a regulation declares the individual is not an eligible worker because
the work the individual performs is subject to stated coverage under a
stated industrial instrument within the meaning of the Industrial Relations
Act 2016; or

(d) the individual performs qualifying service within the meaning of the Coal
Mining Industry (Long Service Leave) Administration  Act  1992  
(Cwlth), section 39A(2).

(2) Also, an individual who would otherwise be an eligible worker under section 3A
(1) or (2) is not an eligible worker if the individual is engaged to perform
building and construction industry work by-

(a) a government entity; or

(b) a local government; or

(c) Mount Isa Mines Limited ACN 009 661 447; or

(d) a person who is not substantially engaged in the building and construction
industry.

(3) Subsection (2)(d) does not apply if the individual is a party to a contract with a
labour hire agency that arranges for the individual to perform building and
construction work for someone else under an arrangement between the agency
and the other person.

(4) In this section-

arrangement includes agreement, promise, scheme, transaction,
understanding and undertaking, whether express or implied.

Current as at 1 March 2017
Extract from Building and Construction Industry (Portable Long Service Leave) Act 1991 Part 1 Preliminary
Copyright - Civil Safety 2017