Industries

Portable long service leave for workers in the building and construction industry

Build your portable long service leave and take it with you

When you’re registered with ACT Leave, your portable long service leave benefits go with you if you move between eligible jobs within the industry.

If you do relevant work in the construction industry, you should be registered for portable long service leave.

Eligible workers in the building and construction industry

In the building and construction scheme, workers are in 3 groups.

 

Registration

Levy

Benefit type

Notes

Employees

Mandatory – must be registered by the employer

2.1% of gross ordinary wages, paid by the employer

Accrued portable long service leave

Includes full-time, part-time and casual employed workers performing relevant work. Also includes workers on a visa that allows them to work in Australia

Apprentices

Mandatory – must be registered by the employer

Exempt

Accrued portable long service leave

Employers must provide a copy of the training certificate when registering an employee as an apprentice

Contractors

Optional – can self-register

2.5% of ordinary remuneration or profit component, paid by the contractor

Contribution refund plus interest

Includes working directors, sole traders or individual partners in a partnership

Getting registered in the building and construction industry

As an employed worker or apprentice, your employer would normally register you when you start work with them. 

Once registered, we’ll send you a letter with your registration number. 

If you don’t think you’ve been registered and you have not received a letter from us with your registration details, submit an employee registration form.

We’ll also send you an annual statement to ensure:

  • all work was recorded correctly 
  • your contact details are current. 

Use your registration details to log into the portal to:

  • check and update your contact details 
  • see your service history
  • update your contact details if you didn’t receive an annual statement.

Sole traders and working directors in building and construction

You can still benefit from the portable long service leave scheme if you’re a:

  • contractor (sole trader or individual in a partnership)
  • working director.

To do this, register with us as a ‘voluntary member’ to gain a long service leave benefit. You can also backdate your service up to 1 year from the date you register.

When you claim, instead of taking leave, we’ll give you back the amount you paid in levies plus interest. 

If the scheme fund investment made a return, you’ll receive interest of 75% of the rate of return.

Registering as a contractor

To register as a contractor, complete the relevant form:

Recording service as a contractor

If you register with us as a contractor, you must then lodge quarterly returns through the portal.

Each quarter, you’ll declare:

  • how many days you worked
  • your gross ordinary wages or profit part of your income for the quarterly return period.

You’ll pay a levy of 2.5% on what you declare. Most contractors use a $130 minimum daily rate of pay to calculate the gross ordinary wages.

If you have both employee and contractor service recorded, you’ll receive the sum of the worker part and your contractor part when you claim.

Accruing portable long service leave in the building and construction industry

If you were registered in the building and construction scheme in the ACT:

  • on or after 1 January 1997 – you accrue 13 weeks of portable long service leave for every 10 years of service 
  • before 1 January 1997 – you accrue 13 weeks of portable long service leave for every 15 years of service.

Your service combines under the scheme when you accrue it as:

  • an employed worker
  • apprentice 
  • contractor. 

For example, you would accumulate a total of 10 years of service in the scheme if you recorded:

  • 2 years of service as an apprentice
  • 5 years as an employee 
  • 3 years as a contractor. 

See more information on entitlements and how to claim.

Getting deregistered

If you have had no service recorded in the ACT for 4 years, your account will deregister (close) from ACT Leave.

We’ll let you know 3 to 6 months before this is due to happen.

To avoid deregistration, contact us:

  • if you’re having service recorded interstate so we can add it
  • to provide us with proof of continued work in the ACT building and construction industry.

Recording work in interstate building and construction industries

The building and construction scheme is portable Australia wide. 

If you worked in the industry in another state or territory, they will have a record of your service in that area.

If you move interstate, you must register with the portable long service leave scheme in the new state or territory.

When ready, make your claim where you last recorded service. We or the other state or territory provider will:

  • contact other states and territory providers to confirm the total registered service balance 
  • pay your claim.

You must also notify the state or territory provider of where you have service recorded when you start work in another state or territory. This is important to avoid deregistration from inactivity.

Recording missing service in the building and construction industry

If you think your employer has not recorded your service with ACT Leave, submit a missing service claim form so we can investigate your claim. 

You will need to ensure you were:

  • working in the building and construction industry in the ACT
  • performing relevant work
  • an employed worker.

Along with the completed form, you will need to provide evidence that you were employed by the employer during the period of missing service. Evidence could include:

  • copies of your pay slips 
  • group certificates for the period of service missing.

More information

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