Page 2239 - Week 11 - Tuesday, 31 October 1989
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This is the same situation as I have mentioned earlier in relation to my amendments 8 and 9, and I reiterate those arguments.
Amendment negatived.
Clause, as amended, agreed to.
New clause.
MR WHALAN (Minister for Industry, Employment and Education) (8.20): I move:
That the following new clause be inserted in the Bill: Page 19, line 32 -
"Work groups on construction sites
38A.(1) In this section -
'building and construction work' has the same meaning as in the Long Service Leave (Building and Construction Industry) Act 1981;
'construction site' means a workplace at which building and construction work is, or is to be, performed.
(2) Where -
(a) a person (in this section called the 'principal contractor') engages but does not employ another person (in this section called the 'sub-contractor') to carry out building and construction work for the principal contractor on a construction site; and
(b) the sub-contractor employs another person (in this section called the 'worker') to perform that work;
the Registrar may, on application by the principal contractor, declare that this section applies to that site.
(3) The Registrar shall not make a declaration unless the Registrar believes on reasonable grounds -
(a) that -
(i) the principal contractor has, or will have, substantial control over the performance of the worker's work on the construction site; or
(ii) but for an agreement between the principal contractor and the sub-contractor, the principal contractor would have, or would have had, such control; and
(b) that -
(i) the principal contractor has, or will have, substantial control over the performance of other building and construction work on the site; or
(ii) but for an agreement between the principal contractor and any other sub-contractor, the principal contractor would have, or would have had, such control.
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