sec.3BWhen an individual is not an eligible worker

sec.3B When an individual is not an eligible worker

An individual is not an eligible worker if— the individual performs work in the building and construction industry— in a managerial, clerical, professional or ancillary capacity; or 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 under a contract of service with a government entity or a local government; or the individual is engaged under a contract of service with a non-Queensland government entity; or 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 the individual performs qualifying service within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cwlth) , section 39A (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 government entity; or a local government; or Mount Isa Mines Limited ACN 009 661 447; or a person who is not substantially engaged in the building and construction industry. 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. In this section— arrangement includes agreement, promise, scheme, transaction, understanding and undertaking, whether express or implied. s 3B ins 2005 No. 27 s 5 amd 2014 No. 30 s 4 ; 2016 No. 63 s 1157 sch 6 (sec.3B-ssec.1) An individual is not an eligible worker if— the individual performs work in the building and construction industry— in a managerial, clerical, professional or ancillary capacity; or 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 under a contract of service with a government entity or a local government; or the individual is engaged under a contract of service with a non-Queensland government entity; or 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 the individual performs qualifying service within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cwlth) , section 39A (2) . (sec.3B-ssec.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 government entity; or a local government; or Mount Isa Mines Limited ACN 009 661 447; or a person who is not substantially engaged in the building and construction industry. (sec.3B-ssec.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. (sec.3B-ssec.4) In this section— arrangement includes agreement, promise, scheme, transaction, understanding and undertaking, whether express or implied.