Workers
In the building and construction scheme, workers are grouped in 3 distinct groups, with the key differences highlighted below:
| Registration | Levy | Benefit type | Comment | |
|---|---|---|---|---|
| Employees | Mandatory – must be registered by the Employer | 2.1% of gross ordinary wages, paid by the employer | Accrued long service leave | Includes full-time, part-time and casual employees 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 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. |
Registration
Employees and apprentices will normally be registered by their employer when they start work with that employer. Once registered, employees will receive a letter outlining their registration number. If you do not think you have been registered and you have not received a letter from the Authority with your registration details, you can complete and submit an Employee Registration Form.
Contractors have the option of self-registering (see Contractors).
Workers can log into the Worker Portal using their registration details to check and update their contact details and to see their service history. Alternatively, workers can contact the Authority via phone or email.
Workers will also receive an Annual Statement each year to ensure that all work has been recorded correctly and that their contact details are current. If you are have not received your Annual Statement, please log on to the Worker Portal to check and update your contact details.
Service accrual
Service accrued in the scheme includes service recorded as an employee, apprentice and/or contractor. For example, a worker who recorded 2 years of service as an apprentice, 5 years as an employee and 3 years as a contractor has accumulated a total of 10 years of service in the scheme.
All workers registered in the building and construction scheme in the ACT on or after 1 January 1997 accrue 13 weeks of long service leave for every 10 years of service. Prior to 1 January 1997, building and construction workers would accrue 13 weeks of long service leave for every 15 years of service.
See Claims for further information on entitlements and how to claim.
Deregistration
A worker will be deregistered in the ACT four years after the last day of service recorded in the ACT, unless the worker has advised the Authority that they are having service recorded interstate.
A letter will be posted to the worker’s registered address approximately 3-6 months prior to the date their account is due to be deregistered. Workers must respond to this letter with proof of continued work in the industry in order to avoid being deregistered.
The only way a deregistered account can be reactivated is if the worker has recorded service in another state or territory within 4 years of the cease date recorded in the ACT.
Interstate service
The building and construction scheme is portable Australia wide. Each state or territory will have a record of the service recorded while in that state or territory.
When a worker moves interstate, they need to register with the long service scheme in the new state or territory.
When a worker is ready to make a claim, they should claim in the state or territory where they last recorded service. That state or territory will contact the other states and territories to confirm the total registered service balance and will be responsible for paying the claim.
Workers must also notify each state or territory where they have service recorded when they start work in another state or territory to avoid deregistration from inactivity.
Missing service
Employees who believe that their employer has not recorded their service with the ACT Long Service Leave Authority for the purpose of managing their portable long service leave entitlements, may submit a Missing Service Claim Form so that their claim can be investigated. Employees will need to ensure they were:
- working in the building and construction industry in the ACT;
- performing relevant work; and
- an employee.
Employees will also need to provide the Authority with evidence of their work in the industry, such as copies of their pay slips or group certificates for the period of service missing.