will need to register with QLeave if you engage one or more workers (including eligible "sole trader" contractors) to perform cleaning work for other people in Queensland.
long service leave allows an eligible worker, who works in the contract
cleaning industry, to count service in the industry towards gaining a long
service leave entitlement, regardless of the number of employers for whom the
work was carried out.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
Definition of terms
- Cleaning work
Cleaning work is work performed in Queensland, that has as its main or only function, the bringing of premises or public spaces into, or keeping of premises or public open spaces into, or keeping of premises in, a clean condition.
Cleaning work does not include
work that is the cleaning of a swimming pool and the grounds surrounding a swimming pool
work that is the removal of waste from commercial waste receptacles from premises or public open spaces
work that is bringing the grounds surrounding a building or house into, or keeping the grounds in a clean condition
work of a gardening nature, including the removal or alteration of vegetation.
- Contract cleaning industry
The contract cleaning industry is the industry in which individuals are engaged by a person to perform cleaning work for other people.
An employer is a person who engages 1 or more individuals to perform cleaning work in the contract cleaning industry.
An employer does not include
- the Commonwealth
- the State
- a local government or
- a company whose only workers are directors, if each of the directors participates in the management of the company or shares in its profits.
A worker is an individual who
a) under a contract of service, is engaged to perform cleaning work in the contract cleaning industry; or
b) under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or
c) under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless; (i) the individual A) is paid to achieve a stated result or outcome and
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, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title.
2A) To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry.
3) However, a worker does not include an individual who performs work in the contract cleaning industry
a) in a managerial or clerical capacity; or
b) 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 profits; or
c) under a contract of service with the Commonwealth, the State or a local government, or;
d) under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or
e) under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.
Application must be made in the approved form.
This registration cannot be transferred.
This registration remains in effect until the employer stops engaging workers to perform cleaning work in the contract cleaning. The registered employer may then, by notice, apply for cancellation of registration.
No fees are payable for this registration.
At the end of each financial quarter, the employer is liable to submit an employer return containing details of each eligible worker's ordinary wages, and pay a levy on all eligible workers' ordinary wages for the quarter to the Authority.
can download the Employer Application form from www.qleave.qld.gov.au - Contract
Cleaning Industry link.
apply to become a registered employer within 7 days after becoming an employer.
You may be required to
give further information or documents relevant to the application or to verify
information or documents that are part of the application.
Contract Cleaning Industry (Portable Long Service Leave) Act 2005 (Queensland)
Contract Cleaning Industry (Portable Long Service Leave) Regulation 2015 (Queensland)
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