10Application for registration

10 Application for registration (1) A person may apply to be registered as an employee if: (a) the person is employed to carry out construction work in the Territory; and (b) either: (i) the person's work description or classification is covered by clause 1.8, 5.1 or 5.11 of the Building and Construction Industry (Northern Territory) Award 2002 (as in force from time to time); or (ii) the nature of the work (including the circumstance in which the work is carried out) is specified in the Determinations; and (c) the work is not: (i) to be carried out by the person in a managerial, clerical, administrative or professional capacity (for example, as an architect or engineer); or (ii) otherwise excluded by the Determinations; and (d) the person is not employed to carry out the work: (i) by the Territory, a local government council or a statutory corporation; or (ii) by the Commonwealth, a State or a body corporate established for a public purpose by a law of the Commonwealth or of a State; or (iii) by any other person or body, or in any other circumstance, that is specified in the Determinations. (2) A person may apply to be registered as a contractor if: (a) the person is a natural person who is engaged as a contractor to carry out construction work in the Territory; and (b) subsection (1)(b) and (c) applies in relation to the person; and

Construction Industry Long Service Leave and Benefits Act 2005 7 (c) the person is not engaged to carry out the work in the capacity of a contractor who: (i) supplies materials for construction work; or (ii) provides services while supplying such materials; and (d) the person is not engaged to carry out the work by any of the entities mentioned in subsection (1)(d)(i), (ii) or (iii) or in any other circumstance that is specified in the Determinations. (3) A registered employer may apply for a person to be registered as an employee if: (a) the employer employs the person to carry out construction work (whether in the Territory or elsewhere); and (b) subsection (1)(b), (c) and (d) applies in relation to the person. (4) An application under subsection (1), (2) or (3) must be made to the Registrar in an approved form.