Question On Notice No. 2959 asked in the Legislative Council on 19 May 2020 by Hon Martin Aldridge
Question Directed to the: Minister for Education and Training
Parliament: 40 Session: 1
Question
I refer to the application of the Building and
Construction Industry Training Fund Levy (the levy), and I ask:
(a) has the Government sought legal advice as to the
application of the levy with respect to play grounds and skate parks;
(b) if yes to (a), did the legal advice support the view
that those type of projects are subject to the levy;
(c) with reference to the section 3 definition of "construction industry" within the Construction Industry Portable Paid Long
Service Leave Act 1985, which provision relates to the construction of play
grounds and skate parks; and
(d) how many play grounds and skate parks to date have
been captured by the levies application and how much levy has been collected
from such projects in each of the following years:
(i) 2017/18;
(ii) 2018/19; and
(iii) 2019/20?
Answered on 23 June 2020
(a) Yes.
(b) Yes.
(c)
With reference to S3 definition of construction industry within the Construction Industry Portable Paid Long Service Leave Act 1985, the following provisions relate to the construction of playgrounds and skate parks, depending on the contract or contracts issued and the scope of the construction works required to complete the project.
(a) Carrying out on a site the construction, erection, installation, reconstruction, re-erection, renovation, alteration, demolition or maintenance of or repairs to any of the following
(ii) roads, railways, airfields or other works for the passage of persons, animals or vehicles
(iv) works for the storage or supply of water or for the irrigation of land
(xi) works for the drainage of land
(xiii) works for the generation, supply or transmission of electric power
(xvi) structures, fixtures or works for use on or for the use of any buildings or works of a kind referred to in subparagraphs (i) to (xv)
(xvii) works for the preparation of sites for any buildings or works of a kind referred to in subparagraphs (i) to (xvi); and
(xviii) fences, other than fences on farms
(b) Carrying out of works on a site of the construction, erection, installation, reconstruction, re-erection, renovation, alteration or demolition of any buildings or works referred to in paragraph (a) for the fabrication, erection or installation of plant, plant facilities or equipment for those buildings or works
(d)
CTF has collected the BCITF Levy on 32 projects explicitly containing “skate park” and/or playground in the project title provided to CTF by the project owner since the 2011-12 Financial Year. The total levy received for these 32 projects was $25,537.19 on a total construction value of $12 768 595.
The BCITF Levy has been collected for multiple projects which have included costs for the construction of playgrounds and/or skateparks, such as the construction of schools; and the Scarborough Foreshore redevelopment and the Perth Stadium.
For construction works explicitly containing “skate park” and/or “playground” in the project title as provided to the Construction Training Fund by the project owner; and where the estimated value of works was greater than $20,000, the following information is available
- 2017/18 $1,454.62 (4 projects)
- 2018/19 $3,863.51 (5 projects)
- 2019/20 $2,528.14 (5 projects)
Between 2011–12 and 2016–17 there were 18 projects totalling $17,690.92.