ACT Long Service Leave Authority

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Building and Construction Industry

Construction Worker

Coverage

Who is covered?

The following workers are covered under the scheme:

  • workers (employees and contractors) directly performing relevant work as defined below;
  • workers (employees and contractors) responsible for the direct supervision of other workers performing relevant work; and
  • working directors.

Direct supervision of a person means the oversight by the supervising person of the work of the person by:

  1. directing, demonstration, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and
  2. ensuring the person’s capacity to respond in an emergency situation.

Examples of direct supervision include roles such as foreman, leading hands, construction supervisors and site supervisors.

A worker can be an employee (e.g. working for salary or wages) or a contractor. Employees can be full time, part time, casual and/or apprentices. This includes workers on a visa that allows them to work in Australia.

A key difference between employees and contractors is that employers must record service for their employees, while contractors and working directors have a choice on whether or not to record service for themselves.

Relevant work

Relevant work includes the construction, reconstruction, renovation, alteration, repairing, altering, demolition or maintenance of the following:

  1. buildings, fences or swimming pools;
  2. roadworks, light rail and other railways, airfields or other works for the carriage of people, animals or vehicles;
  3. breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of a harbour, river or watercourse for the purpose of navigation;
  4. works for the storage or supply of water or the irrigation of land;
  5. works for the carriage, treatment or disposal of sewage or the effluent from any premises;
  6. bridges, viaducts, aqueducts, tunnels or pipelines;
  7. chimneystacks, cooling towers, drilling rigs, gas holders or silos;
  8. structures, fixtures or works for use in any building or works mentioned in items (a) to (g);
  9. navigational lights, beacons or markers;
  10. works for the drainage of land;
  11. works for the storage of liquids (other than water) or gases;
  12. works for the transmission of electric power or wireless or telegraphic communications;
  13. pile driving and site preparation;
  14. installing data cabling or security or electronic communication systems;
  15. laying floor coverings;
  16. hard landscaping.

If in doubt, please contact the Authority for clarification.

Who is not covered?

Office workers and workers not performing relevant work as defined above.

Draughters coverage

The portable schemes legislation changed on 1 January 2010 with the introduction of the Long Service Leave (Portable Schemes) Act 2009, whereby new employers and employees engaged solely as draughters were removed from coverage.

Employers with draughters as employees who were registered with the Authority prior to 1 January 2010 were able to continue their registration and record service for their existing draughters, however newly registered employers and employees entering the scheme after 1 January 2010 were not able to be covered.

Therefore, only draughters registered with the Authority prior to 1 January 2010 can continue to record service with the Authority.