If you are someone who works in the construction or building industry then you may be entitled to construction industry long service leave.
- 1 What is Long Service Leave?
- 2 1. What is Construction Industry Long Service Leave
- 3 2. What are Employer Obligations in Construction Industry Long Service Leave?
- 4 3. How Are Employers Reimbursed?
- 5 4. Employer Return
- 6 5. List of State Level Construction Industry Long Service Leave Websites
- 7 Conclusion
What is Long Service Leave?
Long service leave refers to an extended period of leave awarded to employees who have been employed by the one employer for usually ten (10) years. This rewards loyalty for a specific employer as well as affords the opportunity for an extended break from work. So what does this entail?
1. What is Construction Industry Long Service Leave
The construction industry is unique in its project-based work and therefore, most employees are not able to stay with one particular employer long enough to accrue for long service leave.
As a result, portable long service leave schemes were introduced by the construction industry so that employees could still enjoy the same benefits as other industries.
All construction industry long service leave schemes are run at the state level and appropriate information must be obtained from the relevant state government websites.
How does it work?
Each state runs a slightly different scheme setup by a fund that employers make contributions to. In the case of NSW, employers do not pay direct contributions.
Instead, these are fully funded by a levy on building and construction work of $25,000 and above, paid by the person for whom the construction work is being performed. This covers both employed and self-employed individuals in the construction industry.
As a result, employees will receive their construction industry long service leave irrespective of which employer they are with whilst the employer is fully reimbursed for any out of pocket leave liability when the employee takes leave. As a result, this also minimises the liability for the employer.
2. What are Employer Obligations in Construction Industry Long Service Leave?
Employers in the building and construction industry are required to register as an employer with the Long Service Corporation.
Whilst having employees work for you, as an employer, you must lodge their start and end notices, as well as all relevant records, whilst they are employed. Ensure you check that they have a Long Service Corporation registration number and if so, include their registration number on the notices. These are required even if employers are employed for only one day of work.
Prior to paying the construction industry long service leave, the employer must advise the Corporate before the payment is made. This is to prevent workers from duplicating payments for any period of work. The form can be filled online through the Long Service Corporation website.
You might also be interested in our article: 3 Crucial Steps to Successfully Hiring Your First Employee
3. How Are Employers Reimbursed?
It is required that you apply for payment via phone by calling the Corporation Helpline on 13 14 41 and requesting for an application form.
A “tell us about long service payments to workers” form. It’s imperative that this form is submitted to avoid non-payments from the Corporation and potentially debt recovery action for any double payments.
4. Employer Return
Employer returns are an annual activity record of any workers you have employed for the purpose of building and construction activity.
This should outline how much work each worker has done for you within a month of the end of the financial year. These can be completed and lodged throughout July following the start of the new financial year.
The return should include a list of workers that you have recorded as being employed under your corporation. These can be lodged either online or via mail. If no submission is made by 31st July of each financial year, your business will be targeted by the Corporation for an audit of your records.
5. List of State Level Construction Industry Long Service Leave Websites
Below is a link to each relevant state and territory website:
- NSW Long Service Corporate
- Victoria: CoINVEST
- Queensland: QLeave
- South Australia: Portable Long Service Leave
- MyLeave WA
- ACT Leave
The construction industry long service leave scheme was designed to provide mutual benefits to both employers and employees.
However, it’s important that as a business owner, you are understanding what your obligations are to ensure that you can enjoy these benefits.
This article provides a guide to understanding what this process entails. For more information, the Long Service Corporation website provides comprehensive resources to the scheme. Note, that this article is predominantly focused on the NSW Long Service Scheme for the building and construction industry. As mentioned previously, each state or territory may have differing compliant requirements.
Please note that every effort has been made to ensure that the information provided in this guide is accurate. You should note, however, that the information is intended as a guide only, providing an overview of general information available to contractors and small businesses. This guide is not intended to be an exhaustive source of information and should not be seen to constitute legal or tax advice. You should, where necessary, seek your own advice for any legal or tax issues raised in your business affairs.