retrieval-0002Document excerpt 2

Construction Industry Portable Paid Long Service Leave Amendment Bill 2025 Lump sum payments Part 4 s. 15 page 15 (d) where the employee has completed at least1 55 days of service but less than 7 years of2 service and has been diagnosed with an illness3 that is likely to result in the death of the4 employee within a period of 12 months of the5 date of application for payment, a sum which6 bears the same proportion to the money value7 of the entitlement referred to in section 21(1)(a)8 as the period of service completed bears to9 10 years.10 11 (2) After section 22(1) insert:12 13 (1A) A payment must not be made under subsection (1)(c)14 or (d) unless the Board has been given evidence by a15 medical practitioner of the employee’s incapacitation16 or diagnosis.17 (1B) In subsection (1A) —18 medical practitioner means a person registered under19 the Health Practitioner Regulation National Law20 (Western Australia) in the medical profession (other21 than as a student).22 23 (3) In section 22(2) delete “him” and insert:24 25 the employee26 27 (4) After section 22(2) insert:28 29 (2A) Subsection (2B) applies if an employee dies after30 completing at least 55 days of service but less than31 7 years of service in the construction industry.32

Construction Industry Portable Paid Long Service Leave Amendment Bill 2025 Part 4 Lump sum payments s. 15 page 16 (2B) Upon application by a relevant party for the deceased1 employee, a lump sum which bears the same2 proportion to the money value of the entitlement3 referred to in section 21(1)(a) as that period of service4 bears to 10 years must be paid to a relevant party for5 the deceased employee, as the Board thinks fit.6 (2C) In subsection (2B) —7 relevant party, for a deceased employee, means —8 (a) any person who was the spouse or de facto9 partner of the employee immediately before the10 death of the employee and who, in the opinion11 of the Board, was financially dependent on that12 employee at that time; or13 (b) the estate of the employee.14 15

Construction Industry Portable Paid Long Service Leave Amendment Bill 2025 Vessels Part 5 s. 16 page 17 Part 5 — Vessels1 16. Section 3A amended2 Delete section 3A(1).3 17. Section 3 amended4 (1) In section 3(1) insert in alphabetical order:5 6 offshore area means an area referred to in the7 Industrial Relations Act 1979 section 3(3);8 operate, in relation to a self-propelled vessel, means to9 determine or exercise control over the course or10 direction of, or the means of propulsion of, the vessel,11 whether or not the vessel is underway;12 self-propelled vessel means a vessel that, by means of13 its permanent systems of propulsion and steering, is14 able to navigate and move on water without being15 towed or moved by another vessel;16 vessel —17 (a) means any kind of vessel used or capable of18 being used in navigation by water, however19 propelled or moved; and20 (b) includes the following —21 (i) a barge, lighter or other floating vessel;22 (ii) an air-cushion vehicle, or other similar23 vessel, used wholly or primarily in24 navigation by water;25 26