Q&A with Kristie Burt
Q: How do I calculate annual leave under the Building Award?
A: The Award provides that the employee would be entitled to the following payment whilst on annual leave:
· The amount that they would have received for working their ordinary time hours (had they not been on leave) which includes allowances such as the travel allowance and leading hand allowance; and
· The annual leave loading of 17.5% calculated on the above amount.
The payment of annual leave may be paid in advance or if paid by EFT, in accordance with their usual pay cycle whilst on paid annual leave.
Q: Who should sign a building contract on behalf of the builder?
A: It is always my recommendation that if the builder is a company/partnership, that the director (of a company) or the partner (in a partnership) sign the contract. This will ensure that the person entering into the contract on behalf of the company, has the authority to do so.
The Corporations Act 2001 (Cth) sets out how a company is required to execute documents. Some builders will use their company seal and others will sign as the director and will note this in the contract.
If the builder is an individual, it will be the licence holder and the person named on the contract as the builder.
Witnesses to a building contract should be over the age of 18 and not a party to the contract.
Q: How do I know if I need to pay into the portable long service leave scheme in the ACT? Who qualifies as an eligible worker in the construction industry?
A: The Long Service Leave (Portable Schemes) Act 2009 provides a very broad definition of what the building and construction industry includes. The ACT Leave Construction Industry’s Factsheet describes the Construction Industry as follows:
“It includes employers who are involved in the construction, reconstruction, renovation, alteration, demolition or maintenance of buildings, roads, fences, swimming pools etc. It also includes plumbing, electrical work, gas supply, landscape construction, carpet laying and the construction or assembly of structures and fixtures (kitchens, air conditioning ducting, steel and metal fabrication, switchboards, windows etc.) that are destined to become a part of a building. Apprentices, foreman, leading hands, construction and site supervisors are also included.
Consequently, if your worker/s fits under this description, you will be required to be registered with ACT Leave and submit quarterly returns relating to each eligible worker. This also applies where you are an interstate company with workers undertaking works in the construction industry in the ACT.
If you have any queries or would like to ask a question, please contact me on 6175 5919 or email email@example.com
Please be aware that due to an increase in call and email enquiries coming through, I might not always be immediately available. If your enquiry is urgent, please let me know and I will do my best to respond to you as soon as I can. If the query is not urgent, I will endeavour to respond within 24 hours.