Laying the foundations for portable long service leave
We administer the portable long service leave scheme for the building and construction industry in the ACT in accordance with the Long Service Leave Act (Portable Schemes) Act 2009.
The scheme allows eligible workers to move between employers in the building and construction industry while accruing service towards a portable long service leave entitlement.
The scheme even allows workers to accrue portable long service leave while self-employed.
In the ACT, building and construction industry workers registered on or after 1 January 1997 are entitled to:
- 13 weeks of portable long service leave after 10 years of recorded service in the industry
- 1.3 weeks of leave for every year after 10 years.
How the building and construction industry scheme works
In the ACT, employers with workers covered under the scheme must:
- register with us
- pay a levy set at 2.1% of the gross ordinary wages of those workers.
Employers do not pay a levy for apprentices.
Contractors, such as working directors and sub-contractors, have the option to make their own contributions if they wish to accrue service in the scheme.
Contractor registration with the scheme is voluntary. The benefit is a payment instead of leave.
When a worker decides to claim some or all of their portable long service leave entitlement, they can lodge a long service leave claim form. We (not the employer) will pay the benefit.
Interstate building and construction industry service
Portable long service leave schemes for the building and construction industry exist in all other states and territories in Australia. There are some differences in:
- the type of work covered
- the benefits offered under each scheme (including weekly pay rates).
ACT Leave has an agreement with all other states and territories to recognise service recorded in those jurisdictions.
We will calculate and pay any portion of interstate service included in your claim in line with the law and policies of the relevant interstate scheme.
For questions about portable long service leave in other states and territories, contact the provider in the relevant jurisdiction.
Coverage for employers and workers in the building and construction industry
Workers covered under the scheme include:
- employees and contractors performing relevant work defined below
- employees and contractors who perform direct supervision of other workers performing relevant work
- working directors.
A worker can be:
- working for salary or wages
- a contractor
- full time, part time, casual or an apprentice.
A key difference between employees and contractors is:
- employers must record service for their employees
- contractors and working directors can choose to record service for themselves.
Direct supervision
Direct supervision means the supervising person oversees another person’s work. They both:
- direct, demonstrate, monitor and check the person’s work in a way that is appropriate to the person’s level of competency
- ensure the person’s capacity to respond in an emergency situation.
Examples of direct supervision include roles such as:
- foreman
- leading hands
- construction supervisors
- site supervisors.
Relevant work in the building and construction industry
Relevant work includes the construction, reconstruction, renovation, alteration, repairing, altering, demolition or maintenance of:
- buildings, fences or swimming pools
- roadworks, light rail and other railways, airfields or other works for the carriage of people, animals or vehicles
- breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of a harbour, river or watercourse for the purpose of navigation
- works for the storage or supply of water or the irrigation of land
- works for the carriage, treatment or disposal of sewage or the effluent from any premises
- bridges, viaducts, aqueducts, tunnels or pipelines
- chimneystacks, cooling towers, drilling rigs, gas holders or silos
- structures, fixtures or works for use in any building or works mentioned in items (a) to (g)
- navigational lights, beacons or markers
- works for the drainage of land
- works for the storage of liquids (other than water) or gases
- works for the transmission of electric power or wireless or telegraphic communications
- pile driving and site preparation
- installing data cabling or security or electronic communication systems
- laying floor coverings
- hard landscaping.
If you’re not sure if your workers are covered, contact us to clarify.
Not covered in the building and construction industry
Office workers and workers who are not performing relevant work as defined above are not covered by the scheme.
Draughters coverage
The portable schemes legislation changed on 1 January 2010 when the Long Service Leave (Portable Schemes) Act 2009 was introduced. At that time, new employers and workers engaged solely as draughters were removed from coverage.
Only draughters registered with ACT Leave before 1 January 2010 can continue to record service with ACT Leave. That means:
- employers with draughters as workers who were registered with ACT Leave (known as the ACT Long Service Leave Authority at the time) before 1 January 2010 can continue their registration and record service for their existing draughters
- newly registered employers and workers entering the scheme after 1 January 2010 are not covered.
Learn more about the Construction Leave Scheme
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