Western Australian Industrial Relations Commission

Testing, inspection and ancillary maintenance is not construction work

The Commission held that an employee was not entitled to be registered with MyLeave under the Construction Industry Portable Paid Long Service Leave Act 1985 because the work he performed fell within the exception to the definition of work in the 'construction industry' and was therefore not 'construction work'. 

Chief Commissioner Scott found that the employee's job was to inspect and test fire equipment.  If a fault or failure was identified and he had time to perform the work, it did not impinge on his inspection roster, and other conditions were met, the employee would do the rectification work.  Testing and inspection accounted for between 70% and 80% of the employee's work and those were his primary duties.  The Chief Commissioner held that 'work performed to determine if maintenance is required is not maintenance itself'.

The remaining proportion of the employee's time, less than 30%, included travel to and from and around site, paperwork and meetings, as well as maintenance or repairs of a routine or minor nature.  This maintenance work is captured by one of the exceptions to work in the 'construction industry' defined by the Act. 

The decision can be read here.

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