LeavePlus - Construction Industry Long Service Leave (Vic)

/*
 *  LeavePlus.ys - this is a demostration version of parts of the:
 *
 *     Construction Industry Long Service Leave Act 1997 (Vic)
 *     Rules of the Construction Industry Long Service Leave Fund  
 *
 *  Codebase: LeavePlus - Construction Industry Long Service Leave (Vic)
 *  Author/Contributor: Andrew Mowbray
 *  Publisher: Australasian Legal Information Institute (AustLII)
 *  Created: 1 June 2025
 *  Last Updated: 2 June 2025
 *
 */

/*
 *   Rules of the Construction Industry Long Service Leave Fund
 *   as at 1 July 2024
 */

/*
 *  Only some definitions from Rules have been implemented.
 */

RULE Rule 1 - Definitions "A Class Director" PROVIDES
"A Class Director" means a person appointed as an 'A class' director of 
the Trustee pursuant to the Articles of Association of the Trustee

RULE Rule 1 - Definitions "Act" PROVIDES
"Act" means the Construction Industry Long Service Leave Act 1997 (Vic)

RULE Rule 1 - Definitions "Appendix" PROVIDES
"Appendix" means an appendix to these Rules

GOAL RULE Rule 1 - Definitions "Apprentice" PROVIDES
the worker is an "Apprentice" ONLY IF
    sub-clause (a) of the definition of "Apprentice" applies OR
    sub-clause (b) of the definition of "Apprentice" applies

RULE Rule 1 - Definitions "Apprentice" (a) PROVIDES
sub-clause (a) of the definition of "Apprentice" applies ONLY IF
    the work was performed on or prior to 1 December 2015 AND
    sub-clause (a)(i) of the definition of "Apprentice" applies AND
    sub-clause (a)(ii) of the definition of "Apprentice" applies

RULE Rule 1 - Definitions "Apprentice" (a)(i) PROVIDES
sub-clause (a)(i) of the definition of "Apprentice" applies ONLY IF
    sub-clause (a)(i)(A) of the definition of "Apprentice" applies OR
    sub-clause (a)(i)(B) of the definition of "Apprentice" applies

RULE Rule 1 - Definitions "Apprentice" (a)(i)(A) PROVIDES
sub-clause (a)(i)(A) of the definition of "Apprentice" applies ONLY IF
    the worker was ordinarily resident in Victoria 

RULE Rule 1 - Definitions "Apprentice" (a)(i)(B) PROVIDES
sub-clause (a)(i)(B) of the definition of "Apprentice" applies ONLY IF
    the worker was ordinarily resident in Victoria AND
    long service leave charges were paid to the Trustee in accordance with 
    the Act for the performance of that work by the worker

RULE Rule 1 - Definitions "Apprentice" (a)(ii) PROVIDES
sub-clause (a)(ii) of the definition of "Apprentice" applies ONLY IF
    the worker performed work under a training contract AND
    sub-clause (a)(ii)(A) of the definition of "Apprentice" applies AND
    sub-clause (a)(ii)(B) of the definition of "Apprentice" applies AND
    sub-clause (a)(ii)(C) of the definition of "Apprentice" applies AND
    sub-clause (a)(ii)(D) of the definition of "Apprentice" applies

RULE Rule 1 - Definitions "Apprentice" (a)(ii)(A) PROVIDES
sub-clause (a)(ii)(A) of the definition of "Apprentice" applies ONLY IF
    the terms of the training are such that the contract could only be 
    cancelled, suspended or varied by mutual agreement between the 
    apprentice and the employer OR
    sub-clause (a)(ii)(A) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (a)(ii)(B) PROVIDES
sub-clause (a)(ii)(B) of the definition of "Apprentice" applies ONLY IF
    the Victorian Registrations and Qualifications Authority could
    cancel or suspend the training contract where it is satisfied 
    after due enquiry that the employer cannot provide sufficient
    employment for the apprentice (in addition to any power of the
    employer under the training contract to stand down an
    apprentice who cannot usefully be employed) OR
    sub-clause (a)(ii)(B) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (a)(ii)(C) PROVIDES
sub-clause (a)(ii)(C) of the definition of "Apprentice" applies ONLY IF
    the Victorian Registrations and Qualifications Authority could
    determine any question or difference arising between an
    employer and an apprentice about the dismissal or threatened
    dismissal of an apprentice if the apprentice believes that the
    dismissal or threatened dismissal is harsh, unjust or unreasonable OR
    sub-clause (a)(ii)(C) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (a)(ii)(D) PROVIDES
sub-clause (a)(ii)(D) of the definition of "Apprentice" applies ONLY IF
    the training contract is to be treated as being assigned to the person 
    to whom the business is being transmitted on the transmission of the 
    business or any part of the business of the employer OR
    sub-clause (a)(ii)(D) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (b) PROVIDES
    sub-clause (b) of the definition of "Apprentice" applies ONLY IF
    the work was not performed on or prior to 1 December 2015 AND
    the worker performed work under a training contract AND
    sub-clause (b)(i) of the definition of "Apprentice" applies AND
    sub-clause (b)(ii) of the definition of "Apprentice" applies AND
    sub-clause (b)(iii) of the definition of "Apprentice" applies AND
    sub-clause (b)(iv) of the definition of "Apprentice" applies

RULE Rule 1 - Definitions "Apprentice" (b)(i) PROVIDES
sub-clause (b)(i) of the definition of "Apprentice" applies ONLY IF
    the terms of the training are such that the contract could only be 
    cancelled, suspended or varied by mutual agreement between the 
    apprentice and the employer OR
    sub-clause (b)(i) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (b)(ii) PROVIDES
sub-clause (b)(ii) of the definition of "Apprentice" applies ONLY IF
    the Victorian Registrations and Qualifications Authority could
    cancel or suspend the training contract where it is satisfied 
    after due enquiry that the employer cannot provide sufficient
    employment for the apprentice (in addition to any power of the
    employer under the training contract to stand down an
    apprentice who cannot usefully be employed) OR
    sub-clause (b)(ii) of the definition of "Apprentice" is
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (b)(iii) PROVIDES
sub-clause (b)(iii) of the definition of "Apprentice" applies ONLY IF
    the Victorian Registrations and Qualifications Authority could
    determine any question or difference arising between an
    employer and an apprentice about the dismissal or threatened
    dismissal of an apprentice if the apprentice believes that the
    dismissal or threatened dismissal is harsh, unjust or unreasonable OR
    sub-clause (b)(iii) of the definition of "Apprentice" is 
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Apprentice" (b)(iv) PROVIDES
sub-clause (b)(iv) of the definition of "Apprentice" applies ONLY IF
    the training contract is to be treated as being assigned to the person 
    to whom the business is being transmitted on the transmission of the 
    business or any part of the business of the employer OR
    sub-clause (b)(iv) of the definition of "Apprentice" is 
    consistent with the Education and Training Reform Act 2006 (Vic) or
    other superseding legislation 

RULE Rule 1 - Definitions "Associated Corporation" PROVIDES
the corporation is an "Associated Corporation" ONLY IF
    sub-clause (a) of the definition of "Associated Corporation" applies AND/OR
    sub-clause (b) of the definition of "Associated Corporation" applies AND/OR
    sub-clause (c) of the definition of "Associated Corporation" applies

RULE Rule 1 - Definitions "Associated Corporation" (a) PROVIDES
sub-clause (a) of the definition of "Associated Corporation" applies ONLY IF
    the corporation is a related body corporate within the meaning of 
    section 50 of the Corporations Act 2001 (Cth)

RULE Rule 1 - Definitions "Associated Corporation" (b) PROVIDES
sub-clause (b) of the definition of "Associated Corporation" applies ONLY IF
    the corporation is an associated entity within the meaning of section 
    50AAA of the Corporations Act 2001 (Cth)
    IF the corporation is an associated entity within the meaning of section 
    50AAA of the Corporations Act 2001 (Cth) THEN 
        it does not matter that associated corporations have ceased to 
        exist AND
        it does not matter that associated corporations were not both in
        existence at the same time

RULE Rule 1 - Definitions "Associated Corporation" (c) PROVIDES
sub-clause (c) of the definition of "Associated Corporation" applies ONLY IF
    sub-clause (c)(i) of the definition of "Associated Corporation" applies OR
    sub-clause (c)(ii) of the definition of "Associated Corporation" applies

RULE Rule 1 - Definitions "Associated Corporation" (c)(i) PROVIDES
sub-clause (c)(i) of the definition of "Associated Corporation" applies ONLY IF
    the corporation has substantially the same directors as another
    corporation

RULE Rule 1 - Definitions "Associated Corporation" (c)(ii) PROVIDES
sub-clause (c)(ii) of the definition of "Associated Corporation" applies 
ONLY IF
    the corporation is under substantially the same management as an
    another corporation

RULE Rule 1 - Definitions "B Class Director" PROVIDES
"B Class Director" means a person appointed as a 'B class' director of the 
Trustee pursuant to the Articles of Association of the Trustee

RULE Rule 1 - Definitions "Board" PROVIDES
"Board" means the board of Directors of the Trustee

GOAL RULE Rule 1 - Definitions "Building Trades Work" PROVIDES
the work is "Building Trades Work" ONLY IF
    the work is performed in Victoria AND
    sub-clause (a) of the definition of "Building Trades Work" applies OR
    the work is performed in Victoria AND
    sub-clause (b) of the definition of "Building Trades Work" applies OR
    sub-clause (c) of the definition of "Building Trades Work" applies

RULE Rule 1 - Definitions "Building Trades Work" (a) PROVIDES
sub-clause (a) of the definition of "Building Trades Work" applies ONLY IF
    sub-clause (a)(i) of the definition of "Building Trades Work" applies AND
    sub-clause (a)(ii) of the definition of "Building Trades Work" applies

RULE Rule 1 - Definitions "Building Trades Work" (a)(i) PROVIDES
sub-clause (a)(i) of the definition of "Building Trades Work" applies ONLY IF
    the work is of a kind which is within the scope set out in Appendix A

RULE Rule 1 - Definitions "Building Trades Work" (a)(ii) PROVIDES
sub-clause (a)(ii) of the definition of "Building Trades Work" applies ONLY IF
    the work is of a kind which is within one or more of the classifications 
    set out in Appendix A

RULE Rule 1 - Definitions "Building Trades Work" (b) PROVIDES
sub-clause (b) of the definition of "Building Trades Work" applies ONLY IF
    the work is of a kind usually performed by a person acting as a foreperson,
    sub foreperson or leading hand AND
    the supervised work is of a kind which is within the scope set
    out in Appendix A AND
    the supervised work is of a kind which is within one or more of the 
    classifications set out in Appendix A

RULE Rule 1 - Definitions "Building Trades Work" (c) PROVIDES
sub-clause (c) of the definition of "Building Trades Work" applies ONLY IF
    the work is not performed in Victoria AND
    sub-clause (a) of the definition of "Building Trades Work" applies AND/OR
    sub-clause (b) of the definition of "Building Trades Work" applies

RULE Rule 1 - Definitions "C Class Director" PROVIDES
"C Class Director" means a person appointed as a 'C class' director of the 
Trustee pursuant to the Articles of Association of the Trustee

RULE Rule 1 - Definitions "CEO" PROVIDES
"CEO" means the Chief Executive Officer of the Trustee

RULE Rule 1 - Definitions "Child" PROVIDES
"Child" has the meaning given to 'child of a person' in the Fair Work 
Act 2009 (Cth)

RULE Rule 1 - Definitions "Commencement Date" PROVIDES
"Commencement Date" means 1 April 1997, being the date of execution of the 
Trust Deed

RULE Rule 1 - Definitions "Concrete Testing Services" PROVIDES
"Concrete Testing Services" means collecting and testing samples of pre-mixed 
concrete to conduct simple, routine repetitive testing (including, but not 
limited to, hardness and fatigue tests, melting point determinations, pH 
readings or tests of the pass/fail type) in relation to concrete used in 
work of a kind referred to in the definition of Construction Industry

GOAL RULE Rule 1 - Definitions "Construction Industry" PROVIDES
the service is in a "Construction Industry" as defined ONLY IF
    sub-clause (a) of the definition of "Construction Industry" applies AND/OR
    sub-clause (b) of the definition of "Construction Industry" applies AND/OR
    sub-clause (c) of the definition of "Construction Industry" applies AND/OR
    sub-clause (d) of the definition of "Construction Industry" applies AND/OR
    sub-clause (e) of the definition of "Construction Industry" applies AND/OR
    sub-clause (f) of the definition of "Construction Industry" applies AND/OR
    sub-clause (g) of the definition of "Construction Industry" applies AND/OR
    sub-clause (h) of the definition of "Construction Industry" applies AND/OR
    sub-clause (j) of the definition of "Construction Industry" applies AND/OR
    sub-clause (k) of the definition of "Construction Industry" applies AND/OR
    sub-clause (l) of the definition of "Construction Industry" applies AND/OR
    sub-clause (m) of the definition of "Construction Industry" applies AND/OR
    sub-clause (n) of the definition of "Construction Industry" applies AND/OR
    sub-clause (o) of the definition of "Construction Industry" applies AND
    sub-clause (q) of the definition of "Construction Industry" does 
    not apply AND
    sub-clause (r) of the definition of "Construction Industry" does not apply

RULE Rule 1 - Definitions "Construction Industry" (a) PROVIDES
sub-clause (a) of the definition of "Construction Industry" applies ONLY IF
    sub-clause (a)(i) of the definition of "Construction Industry" applies OR
    sub-clause (a)(ii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(iii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(iv) of the definition of "Construction Industry" applies OR
    sub-clause (a)(v) of the definition of "Construction Industry" applies OR
    sub-clause (a)(vi) of the definition of "Construction Industry" applies OR
    sub-clause (a)(vii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(viii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(ix) of the definition of "Construction Industry" applies OR
    sub-clause (a)(x) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xi) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xiii) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xiv) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xv) of the definition of "Construction Industry" applies OR
    sub-clause (a)(xvi) of the definition of "Construction Industry" applies

RULE Rule 1 - Definitions "Construction Industry" (a)(i) PROVIDES
sub-clause (a)(i) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to buildings

RULE Rule 1 - Definitions "Construction Industry" (a)(ii) PROVIDES
sub-clause (a)(ii) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    roads, railways, airfields or other structures for the passage of persons, 
    animals or vehicles

RULE Rule 1 - Definitions "Construction Industry" (a)(iii) PROVIDES
sub-clause (a)(iii) of the definition of "Construction Industry" applies 
ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    breakwaters, docks, jetties, piers or wharves

RULE Rule 1 - Definitions "Construction Industry" (a)(iv) PROVIDES
sub-clause (a)(iv) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    harbours or waterways, where the work is to improve or alter the harbours 
    or waterways for navigation purposes

RULE Rule 1 - Definitions "Construction Industry" (a)(v) PROVIDES
sub-clause (a)(v) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the storage or supply of water or for the 
    irrigation of land

RULE Rule 1 - Definitions "Construction Industry" (a)(vi) PROVIDES
sub-clause (a)(vi) of the definition of "Construction Industry" applies ONLY IF
    structures or works for the conveyance, treatment or disposal of sewage or 
    effluent from any premises

RULE Rule 1 - Definitions "Construction Industry" (a)(vii) PROVIDES
sub-clause (a)(vii) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the extraction, refining, processing or treatment 
    of materials or for the production or extraction of products and 
    by-products from materials

RULE Rule 1 - Definitions "Construction Industry" (a)(viii) PROVIDES
sub-clause (a)(viii) of the definition of "Construction Industry" applies 
ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    bridges, viaducts, aqueducts or tunnels

RULE Rule 1 - Definitions "Construction Industry" (a)(ix) PROVIDES
sub-clause (a)(ix) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    chimney stacks, cooling towers, drilling rigs, gasholders or silos

RULE Rule 1 - Definitions "Construction Industry" (a)(x) PROVIDES
sub-clause (a)(x) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to pipelines

RULE Rule 1 - Definitions "Construction Industry" (a)(xi) PROVIDES
sub-clause (a)(xi) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    navigational lights, beacons or markers

RULE Rule 1 - Definitions "Construction Industry" (a)(xii) PROVIDES
sub-clause (a)(xii) of the definition of "Construction Industry" applies 
ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the drainage of land

RULE Rule 1 - Definitions "Construction Industry" (a)(xiii) PROVIDES
sub-clause (a)(xiii) of the definition of "Construction Industry" applies 
ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the storage of liquids (other than water) or gases

RULE Rule 1 - Definitions "Construction Industry" (a)(xiv) PROVIDES
sub-clause (a)(xiv) of the definition of "Construction Industry" applies 
ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the generation, supply or transmission of 
    electric power

RULE Rule 1 - Definitions "Construction Industry" (a)(xv) PROVIDES
sub-clause (a)(xv) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures or works for the transmission of wireless or telegraphic 
    communications

RULE Rule 1 - Definitions "Construction Industry" (a)(xvi) PROVIDES
sub-clause (a)(xvi) of the definition of "Construction Industry" applies ONLY IF
    the industry involves the carrying out the construction (including pile 
    driving), erection, installation, reconstruction, re-erection, renovation, 
    alteration, demolition or maintenance of or repairs to
    structures, fixtures or works for the use of any of the buildings, 
    structures or works referred to in paragraphs (a)(i) to (a)(xv) of the
    definition of "Construction Industry" in Rule 1

RULE Rule 1 - Definitions "Construction Industry" (b) PROVIDES
sub-clause (b) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out work for the preparation of sites for 
    any buildings, structures or works referred to in paragraphs (a)(i) to 
    (a)(xvi) of the definition of "Construction Industry" in Rule 1

RULE Rule 1 - Definitions "Construction Industry" (c) PROVIDES
sub-clause (c) of the definition of "Construction Industry" applies ONLY IF
    sub-clause (c)(i) of the definition of "Construction Industry" applies AND
    sub-clause (c)(ii) of the definition of "Construction Industry" applies

RULE Rule 1 - Definitions "Construction Industry" (c)(i) PROVIDES
sub-clause (c)(i) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out work on the site on which work of a 
    kind referred to in paragraphs (a) or (b) of the definition of 
    "Construction Industry" in Rule 1 is being carried out

RULE Rule 1 - Definitions "Construction Industry" (c)(ii) PROVIDES
sub-clause (c)(ii) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out work which comprises the fabrication, 
    erection or installation of plant, plant facilities or equipment for the 
    buildings, structures or works referred to in paragraphs (a) or (b) of 
    the definition of "Construction Industry" in Rule 1

RULE Rule 1 - Definitions "Construction Industry" (d) PROVIDES
sub-clause (d) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Concrete Testing Services

RULE Rule 1 - Definitions "Construction Industry" (e) PROVIDES
sub-clause (e) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Construction Yardmen Services

RULE Rule 1 - Definitions "Construction Industry" (f) PROVIDES
sub-clause (f) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Electrical Services

RULE Rule 1 - Definitions "Construction Industry" (g) PROVIDES
sub-clause (g) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Floor Covering Services

RULE Rule 1 - Definitions "Construction Industry" (h) PROVIDES
sub-clause (h) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Industrial Machinery or Equipment 
    Services 

RULE Rule 1 - Definitions "Construction Industry" (i) PROVIDES
sub-clause (i) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Landscape Gardening Services

RULE Rule 1 - Definitions "Construction Industry" (j) PROVIDES
sub-clause (j) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Metal Trades Fabrication

RULE Rule 1 - Definitions "Construction Industry" (k) PROVIDES
sub-clause (k) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Non-Destructive Testing Services

RULE Rule 1 - Definitions "Construction Industry" (l) PROVIDES
sub-clause (l) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Parquetry Floor Laying Services

RULE Rule 1 - Definitions "Construction Industry" (m) PROVIDES
sub-clause (m) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Shopfitting Services

RULE Rule 1 - Definitions "Construction Industry" (n) PROVIDES
sub-clause (n) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Watering System Services

RULE Rule 1 - Definitions "Construction Industry" (o) PROVIDES
sub-clause (o) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Precast Concrete Construction

RULE Rule 1 - Definitions "Construction Industry" (p) PROVIDES
sub-clause (p) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out Electrical Switchboard Assembly

RULE Rule 1 - Definitions "Construction Industry" (q) PROVIDES
sub-clause (q) of the definition of "Construction Industry" applies ONLY IF
    the industry involves carrying out the construction, erection, 
    reconstruction, renovation, alteration, demolition or maintenance of or 
    repairs to ships or parts of ships

RULE Rule 1 - Definitions "Construction Industry" (r) PROVIDES
sub-clause (r) of the definition of "Construction Industry" applies ONLY IF
    the industry involves maintenance of or repairs to lifts or escalators

RULE Rule 1 - Definitions "Construction Industry Workers, Employers and Working 
Sub-Contractors" PROVIDES
"Construction Industry Workers, Employers and Working Sub-Contractors", for 
the purpose of Rule 5, means Workers, Employers and Working Sub-Contractors
 who have an obligation or an entitlement under the Act or these Rules

GOAL RULE Rule 1 - Definitions "Construction Work" PROVIDES
the work is "Construction Work" ONLY IF
    sub-clause (a) of the definition of "Construction Work" applies AND/OR
    sub-clause (b) of the definition of "Construction Work" applies AND
    the work does not comprise maintenance or repairs of a routine or minor 
    nature by a Worker for an Employer who is not engaged substantially in 
    the Construction Industry

RULE Rule 1 - Definitions "Construction Work" (a) PROVIDES
sub-clause (a) of the definition of "Construction Work" applies ONLY IF
    sub-clause (a)(i) of the definition of "Construction Work" applies AND
    sub-clause (a)(ii) of the definition of "Construction Work" applies

RULE Rule 1 - Definitions "Construction Work" (a)(i) PROVIDES
sub-clause (a)(i) of the definition of "Construction Work" applies ONLY IF
    the work is performed in the Construction Industry

RULE Rule 1 - Definitions "Construction Work" (a)(ii) PROVIDES
sub-clause (a)(ii) of the definition of "Construction Work" applies ONLY IF
    the work is Building Trades Work OR
    the work is  Electrical Trades Work OR
    the work is Metal Trades Work OR
    the work is Other Trades Work

RULE Rule 1 - Definitions "Construction Work" (b) PROVIDES
sub-clause (b) of the definition of "Construction Work" applies ONLY IF
    the work was performed after 25 November 2003 AND
    sub-clause (b)(i) of the definition of "Construction Work" applies AND
    sub-clause (b)(ii) of the definition of "Construction Work" applies AND
    sub-clause (b)(iii) of the definition of "Construction Work" applies

RULE Rule 1 - Definitions "Construction Work" (b)(i) PROVIDES
sub-clause (b)(i) of the definition of "Construction Work" applies ONLY IF
    sub-clause (a) of the definition of "Construction Work" does not apply

RULE Rule 1 - Definitions "Construction Work" (b)(ii) PROVIDES
sub-clause (b)(ii) of the definition of "Construction Work" applies ONLY IF
    the work is performed by a Worker in addition to work within the meaning 
    of paragraph (a) of the definition of "Construction Work" in Rule 1
    where both types of work are performed for a single Employer

RULE Rule 1 - Definitions "Construction Work" (b)(iii) PROVIDES
sub-clause (b)(iii) of the definition of "Construction Work" applies ONLY IF
    the work constitutes no more than 1/3rd of the total service of the worker 
    for that single Employer during a Return Period, but does not include 
    work comprising maintenance or repairs of a routine or minor nature by 
    the worker for an Employer who is not engaged substantially in the 
    Construction Industry

GOAL RULE Rule 1 - Definitions "Construction Yardmen Services" PROVIDES
the work is "Construction Yardmen Services" ONLY IF
    the work involves storing, repairing, maintaining and loading scaffolding 
    and scaffolding parts (either at or away from a site) AND
    sub-clause (a) of the definition of "Construction Yardmen Services" 
    applies AND
    sub-clause (b) of the definition of "Construction Yardmen Services" applies 

RULE Rule 1 - Definitions "Construction Yardmen Services" (a) PROVIDES
sub-clause (a) of the definition of "Construction Yardmen Services" applies 
ONLY IF
    scaffolding and scaffolding parts are to be used at a site on which 
    work of a kind referred to in paragraphs (a) to (n) of the definition 
    of Construction Industry is carried out

RULE Rule 1 - Definitions "Construction Yardmen Services" (b) PROVIDES
sub-clause (b) of the definition of "Construction Yardmen Services" applies 
ONLY IF
    sub-clause (b)(i) of the definition of "Construction Yardmen Services" 
    applies OR
    sub-clause (b)(ii) of the definition of "Construction Yardmen Services" 
    applies

RULE Rule 1 - Definitions "Construction Yardmen Services" (b)(i) PROVIDES
sub-clause (b)(i) of the definition of "Construction Yardmen Services" applies 
ONLY IF
    the services are carried out by a Worker for an Employer who is 
    engaged substantially in the scaffolding industry

RULE Rule 1 - Definitions "Construction Yardmen Services" (b)(ii) PROVIDES
sub-clause (b)(ii) of the definition of "Construction Yardmen Services" applies ONLY IF
    the services are carried out by a Worker for an Employer who is 
    engaged substantially in the industry of carrying out works of a 
    kind referred to paragraphs (a) to (n) of the definition of
    Construction Industry

RULE Rule 1 - Definitions "Continuous Service" PROVIDES
"Continuous Service" has the meaning given to it in Rules 31.1 and 35.1

RULE Rule 1 - Definitions "Corporation" PROVIDES
"Corporation" has the meaning given to it in section 57A of the 
Corporations Act 2001 (Cth)

RULE Rule 1 - Definitions "Corresponding Law" PROVIDES
"Corresponding Law" has the meaning given to it in section 18(6) of the Act

RULE Rule 1 - Definitions "Defensive Assets" PROVIDES
"Defensive Assets" means the assets of the Fund assets in the asset 
classes commonly known as Cash and Fixed Interest

RULE Rule 1 - Definitions "Director" PROVIDES
"Director" means a director of the Trustee, including but not limited to, 
an A Class Director, a B Class Director and a C Class Director

RULE Rule 1 - Definitions "Document" PROVIDES
"Document" has the meaning given to it in section 38 of the Interpretation 
of Legislation Act 1984 (Vic)

/* "Domestic Work" omitted */

RULE Rule 1 - Definitions "Effective Date" PROVIDES
"Effective Date" means 1 December 1997

/* "Electrical Services" omitted */
/* "Electrical Swichboard Assembly" omitted */

RULE Rule 1 - Definitions "Electrical Switchboard" PROVIDES
"Electrical Switchboard" means an assembly of circuit protective devices, 
with or without switchgear, instruments or connecting devices, suitably 
arranged and mounted for distribution to, and protection of, one or more 
submains or final subcircuits or a combination of both

GOAL RULE Rule 1 - Definitions "Electrical Trades Work" PROVIDES
work is "Electrical Trades Work" ONLY IF
    the work is performed in Victoria AND
    sub-clause (a) of the definition of "Electrical Trades Work" applies AND/OR
    sub-clause (b) of the definition of "Electrical Trades Work" applies OR
    sub-clause (c) of the definition of "Electrical Trades Work" applies

RULE Rule 1 - Definitions "Electrical Trades Work" (a) PROVIDES
sub-clause (a) of the definition of "Electrical Trades Work" applies ONLY IF
    the work of a kind which is within one or more of the classifications 
    set out in Appendix B

RULE Rule 1 - Definitions "Electrical Trades Work" (b) PROVIDES
sub-clause (b) of the definition of "Electrical Trades Work" applies ONLY IF
    the work is of a kind usually performed by a person acting as a 
    foreperson, sub foreperson or leading hand in the supervision of any 
    work referred to in paragraph (a)

RULE Rule 1 - Definitions "Electrical Trades Work" (c) PROVIDES
sub-clause (c) of the definition of "Electrical Trades Work" applies ONLY IF
    the work is not performed in Victoria AND
    sub-clause (a) of the definition of "Electrical Trades Work" applies OR
    sub-clause (b) of the definition of "Electrical Trades Work" applies

GOAL RULE Rule 1 - Definitions "Employer" PROVIDES
the employer is an "Employer" as defined ONLY IF
    the employer is not the Crown in right of the Commonwealth of Australia
    or the State of Victoria AND
    the employer is not a public statutory body constituted under the law of 
    the Commonwealth or State of Victoria AND
    sub-clause (a) of the definition of "Employer" applies AND/OR
    sub-clause (b) of the definition of "Employer" applies
SUBRULE Rule 1 - Definitions "Employer" (c)
SUBRULE Rule 1 - Definitions "Employer" (d)

RULE Rule 1 - Definitions "Employer" (a) PROVIDES
sub-clause (a) of the definition of "Employer" applies ONLY IF
    the employer employs the worker under a contract of employment

RULE Rule 1 - Definitions "Employer" (b) PROVIDES
sub-clause (b) of the definition of "Employer" applies ONLY IF
    the employer is a principal contractor AND
    the employer engages other Employers or Working Sub-Contractors by 
    contract AND
    the contract between the worker and the other Employers or Working 
    Sub-Contractors is not a contract of employment

RULE Rule 1 - Definitions "Employer" (c) PROVIDES
The definition of "employer" includes a Working Sub-Contractor who employs 
a Worker

RULE Rule 1 - Definitions "Employer" (d) PROVIDES
The definition of "employer" includes an Associated Corporation of that 
Corporation for the purpose of any Rule entitling the Trustee to recover any 
charge or any amount from a Corporation 

RULE Rule 1 - Definitions "Equivalent Authority" PROVIDES
"Equivalent Authority" means any authority, Corporation or other body 
established in accordance with a Corresponding Law that administers the 
long service leave scheme provided for by the Corresponding Law

RULE Rule 1 - Definitions "Financial Year" PROVIDES
"Financial Year" means a period commencing on 1 July and finishing on 
30 June in the following calendar year

/* "Floor Covering Services omitted */

RULE Rule 1 - Definitions "Former Act" PROVIDES
"Former Act" means the Construction Industry Long Service Leave Act 1983 (Vic)

RULE Rule 1 - Definitions "Former Fund" PROVIDES
"Former Fund" means the Construction Industry Long Service Leave Fund 
established in accordance with section 9 of the Former Act as in force 
immediately before its repeal

RULE Rule 1 - Definitions "Fund" PROVIDES
"Fund" means the Construction Industry Long Service Leave Fund which is to 
be established under the Trust Deed

RULE Rule 1 - Definitions "Growth Assets" PROVIDES
"Growth Assets" means the Fund assets excluding the Defensive Assets

RULE Rule 1 - Definitions "Hours of Work" PROVIDES
"Hours of Work" has the meaning given to it in paragraph (h)(ii) of the 
definition of 'Ordinary Pay' in Rule 1

/* "Immediate Family" omitted */

RULE Rule 1 - Definitions "Income" PROVIDES
"Income" means, in respect of any Financial Year, the net income of the 
Fund for that Financial Year, determined according to generally accepted 
accounting principles and approved accounting standards and without regard 
to any loss, whether on income or capital account, incurred in any preceding 
Financial Year

/* "Industrial Machinery or Equipment Services" omitted */
/* "Landscape Gardening Services" omitted */
/* "Leave Entitlement Period" omitted */

RULE Rule 1 - Definitions "Long Service Leave" PROVIDES
"Long Service Leave" means any period of long service leave to which a 
Worker is entitled in accordance with the Worker's Terms of Employment, 
in accordance with legislation or otherwise, in respect of any 
Continuous Service of that Worker

RULE Rule 1 - Definitions "Long Service Leave Benefit" PROVIDES
"Long Service Leave Benefit" means an amount of money calculated in 
accordance with these Rules in respect of the Continuous Service of a 
Worker or Working Sub-Contractor, but does not include a Payment In Lieu

RULE Rule 1 - Definitions "Long Service Leave Charge" PROVIDES
"Long Service Leave Charge" means an amount of money payable into the Fund 
by any Employer or any Working Sub-Contractor in accordance with the Act, 
Rule 12, Rule 15 or Rule 18

RULE Rule 1 - Definitions "Long Service Leave Return" PROVIDES
"Long Service Leave Return" means a notice in writing provided by an 
Employer to the Trustee in accordance with the requirements of Rule 11

/* "Metal Trades Fabrication" omitted */
/* "Minister" omitted */
/* "Non-Destructive Testing Services" omitted */

RULE Rule 1 - Definitions "Non-Voting Person" PROVIDES
"Non-Voting Person" means at any time an Employer, Worker or Working 
Sub-Contractor who at that time holds a certificate under Rule 55 declaring 
that person to be a 'Non-Voting Person', which certificate had not expired 
or been revoked by the Trustee

/* "Normal Weekly Number of Hours Work" omitted */
/* "Ordinary Pay" omitted */

RULE Rule 1 - Definitions "Ordinary Resolution" PROVIDES
"Ordinary Resolution" means, in relation to the Board, a resolution 
approved (in writing on a show of hands or by a poll) by a majority 
of Directors

/* "Other Trade Work" omitted */

RULE Rule 1 - Definitions "Parquetry Floor Laying Services" PROVIDES
"Parquetry Floor Laying Services" means levelling, sealing and laying floors 
in connection with the installation, renovation or removal of parquetry 
flooring, but does not include sanding or polishing parquetry floors by 
Workers who do not also level, seal and lay those parquetry floors for 
the same Employer

RULE Rule 1 - Definitions "Payment In Lieu" PROVIDES
"Payment In Lieu" means an amount of money payable by the Trustee in 
lieu of a Long Service Leave Benefit in accordance with Rules 38 or 39

/* "Precast Concrete Elements" omitted */

RULE Rule 1 - Definitions "Precast Concrete Construction" PROVIDES
"Precast Concrete Construction" means all classes of trades, plant 
operator and labour work associated with the construction, production, 
erection, or installation of Precast Concrete Elements, including where 
the work occurs away from the site/s on which the particular buildings, 
structures, works or other things of the kind referred to in paragraphs 
(a)(i) to (a)(xvi) of the definition of Construction Industry are being 
constructed

RULE Rule 1 - Definitions "Prescribed" PROVIDES
"Prescribed" means, subject to the Act (including section 7 of the Act), 
prescribed by a Special Resolution of the Board

RULE Rule 1 - Definitions "Prescribed Percentage" PROVIDES
"Prescribed Percentage" means the percentage determined by the Board from 
time to time in accordance with Rule 13.2

RULE Rule 1 - Definitions "Prescribed Rate" PROVIDES
"Prescribed Rate" means the amount payable per month to the Trustee by a 
Working SubContractor who elects to pay Long Service Leave Charges in 
respect of work carried out by the Working Sub-Contractor

RULE Rule 1 - Definitions "Rate of Return" PROVIDES
"Rate of Return" means (0.5 x A) + (0.5 x B), where: A = the annual rate of 
return (net of fund management fees charged to the Fund) from the 
Defensive Assets of the Fund over the relevant Financial Year B = the 
annual rate of return (net of fund management fees charged to the Fund)
from the Growth Assets of the Fund over the relevant Financial Year

RULE Rule 1 - Definitions "Reciprocal Arrangement" PROVIDES
"Reciprocal Arrangement" means an arrangement made in accordance with 
Rule 50; Records mean the records of the Continuous Service in the 
Construction Industry of Workers and Working Sub-Contractors kept by the 
Trustee in accordance with the Act and Part 11 of these Rules

RULE Rule 1 - Definitions "Register of Employers" PROVIDES
"Register of Employers" means a register of Employers in the Construction 
Industry kept by the Trustee in accordance with the Act and Rule 52

RULE Rule 1 - Definitions "Register of Non-Voting Persons" PROVIDES
"Register of Non-Voting Persons" means the register or sub-registers of 
Non-Voting Persons kept by the Trustee in accordance with Rule 58

RULE Rule 1 - Definitions "Register of Workers" PROVIDES
"Register of Workers" means the register of Workers in the Construction 
Industry kept by the Trustee in accordance with the Act and Rule 54

RULE Rule 1 - Definitions "Register of Working Sub-Contractors" PROVIDES
"Register of Working Sub-Contractors" means the register of Working 
Sub-Contractors performing Construction Work in the Construction Industry 
kept by the Trustee in accordance with the Act and Rule 53

RULE Rule 1 - Definitions "Registration Number" PROVIDES
"Registration Number" means, in relation to a Worker, the registration 
number ascribed to the Worker by the Trustee

RULE Rule 1 - Definitions "Return Period" PROVIDES
"Return Period" means a period commencing on a 'start date' specified 
below and ending on the corresponding 'end date' set out below in the 
same Financial Year

RULE Rule 1 - Definitions "Rules" PROVIDES
"Rules" means these Construction Industry Long Service Leave Rules and any 
Schedule and Appendix to them

RULE Rule 1 - Definitions "Schedule" PROVIDES
"Schedule" means the schedule to these Rules

RULE Rule 1 - Definitions "Service" PROVIDES
"Service" has the meaning given to it in Rules 31.2 and 35.2

/* "Shopfitting Services" omitted */
/* "Special Resolution" omitted */

RULE Rule 1 - Definitions "Terms of Employment" PROVIDES
"Terms of Employment" means the terms and conditions of the Worker's 
employment, including, where relevant, the terms of any contract and the 
provisions of applicable industrial instruments

RULE Rule 1 - Definitions "Trust Deed" PROVIDES
"Trust Deed" means the trust deed between Barry Charles Amond (as 'Settlor') 
and CoINVEST Limited (as 'Trustee') establishing the Fund and to which 
these Rules are scheduled as Schedule 2

RULE Rule 1 - Definitions "Trustee" PROVIDES
"Trustee" means CoINVEST Limited ACN 078 004 985; 

/* "Watering System Services" omitted */

RULE Rule 1 - Definitions "Weekly Number of Hours" PROVIDES
"Weekly Number of Hours" has the meaning given to it in paragraph 
(h)(i) of the definition of 'Ordinary Pay' in Rule 1

GOAL RULE Rule 1 - Definitions "Worker" PROVIDES
the worker is a "Worker" as defined ONLY IF
    sub-clause (a) of the definition of "Worker" applies OR
    sub-clause (b) of the definition of "Worker" applies

RULE Rule 1 - Definitions "Worker" (a) PROVIDES
sub-clause (a) of the definition of "Worker" applies ONLY IF
    the work was performed on or prior to 1 December 2015 AND
    sub-clause (a)(i) of the definition of "Worker" applies AND
    sub-clause (a)(ii) of the definition of "Worker" applies

RULE Rule 1 - Definitions "Worker" (a)(i) PROVIDES
sub-clause (a)(i) of the definition of "Worker" applies ONLY IF
    sub-clause (a)(i)(A) of the definition of "Worker" applies OR
    sub-clause (a)(i)(B) of the definition of "Worker" applies

RULE Rule 1 - Definitions "Worker" (a)(i)(A) PROVIDES
sub-clause (a)(i)(A) of the definition of "Worker" applies ONLY IF
    the worker was ordinarily resident in Victoria at the time the work was
    performed

RULE Rule 1 - Definitions "Worker" (a)(i)(B) PROVIDES
sub-clause (a)(i)(B) of the definition of "Worker" applies ONLY IF
    the worker was not ordinarily resident in Victoria at the time the work was
    performed AND
    long service leave charges were paid to the Trustee in accordance with 
    the Act for work by the worker

RULE Rule 1 - Definitions "Worker" (a)(ii) PROVIDES
sub-clause (a)(ii) of the definition of "Worker" applies ONLY IF
    the work was performed under a contract of employment
IF sub-clause (a) of the definition of "Worker" applies THEN
    ASSERT a foreman, sub foreman or apprentice are included in the 
    definition of "Worker"

RULE Rule 1 - Definitions "Worker" (b) PROVIDES
sub-clause (b) of the definition of "Worker" applies ONLY IF
    the work was not performed on or prior to 1 December 2015 AND
    the work was performed under a contract of employment
IF sub-clause (b) of the definition of "Worker" applies THEN
    ASSERT a foreman, sub foreman or apprentice are included in the 
    definition of "Worker"

/* "Working Sub-Contractor" omitted */


RULE Rule 2 - Interpretation PROVIDES
SUBRULE Rule 2.1.1
SUBRULE Rule 2.1.2
SUBRULE Rule 2.1.3
SUBRULE Rule 2.1.4
/* SUBRULE Rule 2.1.5 */
SUBRULE Rule 2.1.6
SUBRULE Rule 2.1.7
SUBRULE Rule 2.1.8
SUBRULE Rule 2.1.9
SUBRULE Rule 2.1.10
SUBRULE Rule 2.1.11
SUBRULE Rule 2.1.12
/* SUBRULE Rule 2.1.13 */

RULE Rule 2.1.1 PROVIDES
the singular includes the plural and vice versa and words importing a 
gender include other genders

RULE Rule 2.1.2 PROVIDES
other grammatical forms of defined words or phrases have corresponding meanings

RULE Rule 2.1.3 PROVIDES
a reference to any legislation or statutory instrument is a reference to 
that legislation or statutory instrument as amended or varied from time to time

RULE Rule 2.1.4 PROVIDES
a reference to any body or authority is a reference to that body or 
authority as superseded from time to time

/* Rule 2.1.5 omitted */

RULE Rule 2.1.6 PROVIDES
a reference to a Document or agreement, including these Rules and the 
Trust Deed, includes a reference to that Document or agreement as novated, 
altered or replaced from time to time

RULE Rule 2.1.7 PROVIDES
a reference to writing includes any mode of representing or reproducing 
words, figures or symbols in a permanent and visible form including, 
but not limited to, in electronic form

RULE Rule 2.1.8 PROVIDES
headings are used for reference only and do not affect the construction 
of these Rules, except in the Appendices

RULE Rule 2.1.9 PROVIDES
the Appendices are to be interpreted in accordance with the principles 
applied when interpreting industrial instruments such as awards and agreements

RULE Rule 2.1.10 PROVIDES
in the Appendices, terms that are not defined elsewhere in these Rules 
are to be interpreted having regard to the meaning given to them in 
relevant industrial awards, industrial agreements, and relevant orders 
and decisions of courts and tribunals with respect to industrial matters

RULE Rule 2.1.11 PROVIDES
where a discretion or any right to determine, approve or consent to any 
matter or thing is given, such a discretion or right is a sole and absolute 
discretion or right of the person to whom it is given and need not be 
exercised in the favour of a Worker or Working Sub-Contractor or any 
other person

RULE Rule 2.1.12 PROVIDES
the use of initial capital letters for defined words and expressions in 
these Rules is to be disregarded for the purposes of section 3(2) of the Act, 
so that the words and expressions in the Act are to have the same 
respective meanings as they have in these Rules, regardless of whether 
those words or expressions have initial capital letters in these Rules

/* Rule 2.1.13 omitted */

/* Rules 3 - 61 to be added */

/*
 *  Schedule and Appendicies to be added.
 */


/*
 *  Construction Industry Long Service Leave Act 1997 (Vic)
 */

RULE Section 1 - Purpose PROVIDES
the purpose of this Act is to repeal the Construction Industry Long Service 
Leave Act 1983 and provide for the scheme established by that Act to be 
administered in accordance with a trust deed by a company incorporated 
under the Corporations Law

RULE Section 2 - Commencement PROVIDES
SUBRULE Section 2(1)
SUBRULE Section 2(2)
SUBRULE Section 2(3)

RULE Section 2(1) PROVIDES
this Part comes into operation on the day on which this Act receives the 
Royal Assent

RULE Section 2(2) PROVIDES
subject to subsection (3), the remaining provisions of this Act come into 
operation on a day or days to be proclaimed

RULE Section 2(3) PROVIDES
if a provision referred to in subsection (2) does not come into operation 
before 1 January 1998, it comes into operation on that day

RULE Section 3 - Definitions PROVIDES
SUBRULE Section 3(1)
SUBRULE Section 3(2)
SUBRULE Section 3(3)

RULE Section 3(1) PROVIDES
SUBRULE Section 3(1) "commencement day"
SUBRULE Section 3(1) "director"
SUBRULE Section 3(1) "existing staff member"
SUBRULE Section 3(1) "former Act"
SUBRULE Section 3(1) "former Board"
SUBRULE Section 3(1) "former fund"
SUBRULE Section 3(1) "fund"
SUBRULE Section 3(1) "person"
SUBRULE Section 3(1) "trust deed"
SUBRULE Section 3(1) "trustee"

RULE Section 3(1) "commencement day" PROVIDES
"commencement day" means the day on which section 20 comes into operation

RULE Section 3(1) "director" PROVIDES
"director", in relation to a corporation, has the same meaning as in 
section 9 of the Corporations Act

RULE Section 3(1) "existing staff member" PROVIDES
a person is an "existing staff member" ONLY IF
    sub-section (a) of the definition of "existing staff member" applies OR
    sub-section (b) of the definition of "existing staff member" applies

RULE Section 3(1) "existing staff member" (a) PROVIDES
sub-section (a) of the definition of "existing staff member" applies ONLY IF
    the person was an officer or employee under the Public Sector Management 
Act 1992 assisting the former Board in the administration of the former Act

RULE Section 3(1) "existing staff member" (b) PROVIDES
sub-section (b) of the definition of "existing staff member" applies ONLY IF
    the person was employed by the former Board

RULE Section 3(1) "former Act" PROVIDES
"former Act" means the Construction Industry Long Service Leave Act 1983 as 
in force immediately before its repeal

RULE Section 3(1) "former Board" PROVIDES
"former Board" means the Construction Industry Long Service Leave Board 
established under Part II of the former Act

RULE Section 3(1) "former fund" PROVIDES
"former fund" means the Construction Industry Long Service Leave Fund 
established under section 9 of the former Act

RULE Section 3(1) "fund" PROVIDES
"fund" means the Construction Industry Long Service Leave Fund established 
under the trust deed

RULE Section 3(1) "person" PROVIDES
"person" includes an unincorporated body and a partnership

RULE Section 3(1) "trust deed" PROVIDES
"trust deed" means the trust deed executed by CoINVEST Limited A.C.N. 078 
004 985 as trustee on 1 April 1997 as amended and in force for the time being

RULE Section 3(1) "trustee" PROVIDES
"trustee" means CoINVEST Limited A.C.N. 078 004 985 or any new trustee 
appointed under, and in accordance with, the trust deed

RULE Section 3(2) PROVIDES
words and expressions used in the rules set out in Schedule 2 to the trust 
deed and in this Act have the same respective meanings in this Act as they 
have in those rules as amended and in force for the time being

RULE Section 3(3) PROVIDES
subsection (2) does not apply to the extent that the context or subject-matter 
otherwise indicates or requires

RULE Section 4 - Long service leave charges PROVIDES
SUBRULE Section 4(1)
SUBRULE Section 4(1A)
SUBRULE Section 4(2)
SUBRULE Section 4(3)
SUBRULE Section 4(4)
SUBRULE Section 4(5)

RULE Section 4(1) PROVIDES
the employer must pay to the trustee a long service leave charge in respect 
of every worker employed by the employer to perform construction work in the 
construction industry

RULE Section 4(1A) PROVIDES
the working sub-contractor (who has made an election referred to in 
subsection (4)) must pay to the trustee a long service leave charge in 
respect of construction work performed by the working sub-contractor in the 
construction industry

RULE Section 4(2) PROVIDES
the date by which a long service leave charge is payable, the period in 
respect of which it is payable, the amount of charge payable and the 
method by which that amount is to be calculated are as determined from 
time to time by the trustee in accordance with the trust deed

RULE Section 4(3) PROVIDES
the long service leave charge imposed on an employer in respect of a worker 
must not be more than 3% of the ordinary pay of the worker

RULE Section 4(4) PROVIDES
the trust deed must permit a working sub-contractor to elect to pay a 
long service leave charge in respect of construction work performed by 
the working sub-contractor in the construction industry and to revoke 
that election at any time

RULE Section 4(5) PROVIDES
SUBRULE Section 4(5)(a)
SUBRULE Section 4(5)(b)

RULE Section 4(5)(a) PROVIDES
the trust deed may provide for long service leave charges to be payable at 
different rates in respect of workers and working sub-contractors

RULE Section 4(5)(b) PROVIDES
the trust deed may provide for long service leave charges to be payable at 
different rates in respect of different classes of construction work 
performed by workers or working sub-contractors in the construction industry

RULE Section 5 - Recovery of charges PROVIDES
SUBRULE Section 5(1)
SUBRULE Section 5(1A)
SUBRULE Section 5(2)
SUBRULE Section 5(1)

RULE Section 5(1) PROVIDES
the trustee may recover any amount of long service leave charge owing to 
the trustee by an employer or working sub-contractor, together with interest 
in accordance with subsection (2), as a debt in any court of competent 
jurisdiction

RULE Section 5(1A) PROVIDES
the trustee may recover an amount referred to in subsection (1) from a 
related body corporate (within the meaning of the Corporations Act) of an 
employer or working sub-contractor

RULE Section 5(2) PROVIDES
interest at the rate for the time being fixed under section 2 of the 
Penalty Interest Rates Act 1983 is payable on any amount owing to the 
trustee calculated from the date on which the amount becomes due until 
the date on which the amount is paid or otherwise recovered under 
subsection (1)

GOAL RULE Section 6 - Entitlements PROVIDES
the worker is entitled to long service leave under the Act ONLY IF
    section 6(1) applies OR
    section 6(2) applies
IF the worker is entitled to long service leave under the Act THEN
    SUBRULE Section 6(3)

RULE Section 6(1) PROVIDES
section 6(1) applies ONLY IF
    the worker is a "Worker" as defined AND
    the worker has appropriate "continuous service" AND
    the service is in a "Construction Industry" as defined

RULE Section 6(2) PROVIDES
section 6(2) applies ONLY IF
    the worker is a "Working Sub-Contractor" as defined AND
    the worker has paid long service leave charges AND
    the worker has appropriate "continuous service" AND
    the service is in a "Construction Industry" as defined

RULE Section 6(3) PROVIDES
the amount of the entitlement and the method by which that amount is to be 
calculated are as determined from time to time by the trustee in accordance 
with the trust deed


/* Sections 7 to 40 of the Act need to be added */


/*
 *  Named subjects
 */

PERSON the worker
THING the corporation
PERSONTHING the employer

/*
 *  DataLex Links
 */

LINK this Act TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/
LINK the Act TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/
LINK former Act TO https://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1983460/

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LINK section 13 TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s13.html
LINK section 14 TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s14.html
LINK section 14A TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s14a.html
LINK section 15 TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s15.html
LINK section 15A TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s15a.html
LINK section 16 TO https://www.austlii.edu.au/au/legis/vic/consol_act/cilsla1997460/s16.html