The definitions below are terms used by CSQ and within the industry; they are listed in alphabetical order.
Apprentice means an employee being trained in a declared apprenticeship under a training contract registered by the Queensland Government under the Further Education and Training Act 2014
Apprentice – 3rd and 4th year means an apprentice in their 3rd or 4th year of studies or an apprentice studying 3rd or 4th stage units of competency. Under time-based arrangements, it means apprentices that are in their 3rd or 4th year of employment.
Authority means any federal, state, local government, state or public authority, authorised to carry out a statutory obligation.
Building and Construction Industry has the same meaning as the Building and Construction Industry (Portable Long Services Leave) Act 1991 (Qld) as amended from time to time, currently defined as:
(1) The building and construction industry is the industry of constructing, reconstructing, reconstructing, renovating, altering, demolishing, relocating, maintaining or repairing any of the following—
(b) spa pools and swimming pools;
(c) roads, railways, airfields or other works for the passage of anything;
(d) breakwaters, docks, jetties, piers or wharves;
(e) works for solid waste disposal;
(f) works for subdividing or developing land;
(g) works for the improvement or alteration of a harbour, river or watercourse for navigation purposes;
(h) works for the storage or supply of water or for flood mitigation;
(i) works for the irrigation of land;
(j) works for the conveyance, treatment or disposal of sewage or of the effluent from any premises;
(k) works for extracting, refining, processing or treating materials or for producing or extracting products and by-products from materials;
(l) works for conveying products, by-products or materials;
(m) works for the drainage of land;
(n) works for the storage of liquids, other than water, or gases;
(o) works for the generation, supply or transmission of electric power;
(p) works for telecommunication or for the transmission of radio or television;
(q) bridges, viaducts, aqueducts or tunnels;
(r) chimney stacks, cooling towers, drilling rigs, gas holders or silos;
(s) pipe lines;
(t) navigational lights, beacons or markers;
(u) pile driving works;
(v) sporting or recreational facilities;
(w) earthworks, other than for farming;
(x) fences, other than fences on farms;
(y) structures, fixtures or other works not included in paragraphs (a) to (x), but not including earthworks for farming or fences on farms.
(2) The building and construction industry also includes landclearing and site preparation, other than for farming.
(3) The building and construction industry also includes the industry of, whether on or off site—
(a) constructing a thing, other than ordinary stock for sale, in accordance with working drawings; or
(b) deconstructing, reconstructing, renovating, altering, demolishing, relocating, maintaining or repairing a thing, other than ordinary stock for sale, constructed in accordance with working drawings.
(4) The building and construction industry does not include the industry of performing maintenance or repairs of a minor nature to anything mentioned in subsection (1) or
(3) for a person not substantially engaged in activity mentioned in subsection (1), (2) or (3).
Direct Credit is when a participant’s relevant, previously successfully completed studies count towards their current course or qualifications.
Eligible Worker means the same as identified in Sections 3A and 3B in the Building and Construction Industry (Portable Long Service Leave) Act 1991 (Qld) as amended from time to time. Currently defined as:
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;
(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
(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.
Recognition of Prior Learning (RPL) is a process for giving individuals credit for skills, knowledge and experience gained through working and learning in accordance with the VET Quality Framework.
Small to Medium Size Enterprise (SME) means a Queensland building and construction business that employs 0 to 19 employees in congruence with Australian Bureau of Statistics (ABS) definitions.
Structured workplace learning (SWL) provides participants with real work experience on a construction site to increase their work-readiness through the development of employability skills.
Trainee means an employee being trained in a Traineeship under a Training Contract registered by DET on DELTA and issued with a Registration Number.
Unemployed Eligible Worker means a person who has been unemployed for a period of up to, but not greater than, four years that would otherwise meet the requirements of an eligible worker. This period aligns to QLeave membership which requires service in Queensland for four consecutive years to retain membership.