The ACT Long Service Leave Authority administers the portable long service leave scheme for building and construction industry workers in the ACT. The scheme is legislated through the Long Service Leave (Portable Schemes) Act 2009.
The scheme allows eligible workers to move from employer to employer in the construction industry, while still accruing service towards a long service leave entitlement. The scheme even allows workers to accrue service for the purposes of 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 long service leave after 10 years of recorded service in the industry, and continue to accumulate 1.3 weeks of leave for every year thereafter.
How does it work?
In the ACT, employers that have employees and/or apprentices covered under the scheme must register with the Authority and pay a levy contribution to the Authority set at 2.1% of the gross ordinary wages of those employees (excluding 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. Note, however, that contractor registration with the scheme is voluntary and the benefit comprises a payment instead of leave.
When a worker decides to claim some or all of their long service leave entitlement, they can lodge a claim directly with the Authority, and the Authority (not the employer) will pay the benefit.
Portable long service leave schemes for the building and construction industry exist in all other states and territories in Australia, although there are some differences in the type of work covered and the benefits offered under each scheme (including weekly pay rates). The ACT Long Service Leave Authority has a reciprocal agreement with all other states and territories to recognise service recorded in those jurisdictions.
Any portion of interstate service included in your claim will be calculated and paid in accordance with the legislation and policies of the relevant interstate scheme. If you have any questions regarding the calculation of payments please contact the relevant state or territory where your service is recorded.