Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 23B

  (1)   Work is general building and construction work if:

  (a)   the work is done, onsite, by an employee in the industry of:

  (i)   general building and construction within the meaning of paragraph   4.3(a) of the Building and Construction General On - site Award 2020 as in force at the applicable time; or

  (ii)   civil construction within the meaning of paragraph   4.3(b) of the Building and Construction General On - site Award 2020 as in force at the applicable time; and

  (b)   the work is not any of the following:

  (ii)   work in the industry of metal and engineering construction within the meaning of paragraph   4.3(c) of the Building and Construction General On - site Award 2020 as in force at the applicable time;

  (iii)   work in manufacturing and associated industries and occupations within the meaning of clause   4.8 of the Manufacturing and Associated Industries and Occupations Award 2020 as in force at the applicable time;

  (iv)   the work of an employee who is covered by the Joinery and Building Trades Award 2020, as in force at the applicable time, in relation to the work;

  (v)   work in the industry of electrical services, within the meaning of clause   4.3 of the Electrical, Electronic and Communications Contracting Award 2022 as in force at the applicable time, provided by electrical, electronics and communications contractors and their employees;

  (vi)   work that is plumbing, or fire sprinkler fitting, within the meaning of clause   4.2 of the Plumbing and Fire Sprinklers Award 2020 as in force at the applicable time;

  (vii)   work in the black coal mining industry within the meaning of clause   4.2 of the Black Coal Mining Industry Award 2020 as in force at the applicable time;

  (viii)   work in the mining industry within the meaning of clause   4.2 of the Mining Industry Award 2020 as in force at the applicable time;

  (ix)   work in the quarrying industry within the meaning of clause   4.3 of the Cement, Lime and Quarrying Award 2020 as in force at the applicable time;

  (x)   work in the concrete products industry within the meaning of clause   4.2 of the Concrete Products Award 2020 as in force at the applicable time;

  (xi)   work in the premixed concrete industry within the meaning of clause   4.2 of the Premixed Concrete Award 2020 as in force at the applicable time;

  (xii)   work in connection with the installation, major modernisation, servicing, repair or maintenance of lifts and escalators, or air - conditioning or ventilation;

  (xiii)   work in the asphalt industry within the meaning of clause   4.2 of the Asphalt Industry Award 2020 as in force at the applicable time;

  (xiv)   work, in that part of the industry of civil construction described in subparagraph   4.3(b)(i) of the Building and Construction General On - site Award 2020 as in force at the applicable time, that is the construction, repair, maintenance or demolition of power houses or other structures that use eligible renewable energy sources (within the meaning of section   17 of the Renewable Energy (Electricity) Act 2000 ) to generate electricity.

  (2)   The applicable time is the start of the day before this section commences.