ACT Long Service Leave Authority

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Building and Construction Industry

Construction Worker

Claims

Entitlement

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 do workers get access to their benefit?

Workers can submit a claim form to the Authority for processing. See below for a list of the types of claim available to workers and their legislative conditions.

The Authority will pay the worker’s benefit directly into their nominated bank account.

How much do workers get paid?

Employees will be paid an amount calculated by multiplying the number of weeks of long service leave being taken and the average weekly ordinary wages of the worker.

The average weekly ordinary wages for the worker will be:

    1. if the worker is not receiving compensation under the Workers Compensation Act 1951, the highest of:
      1. weekly average of ordinary remuneration received in the last 2 quarters of recorded service; or
      2. weekly average of ordinary remuneration received in the last 4 quarters of recorded service.
    2. if the worker is receiving compensation under the Workers Compensation Act 1951, the weekly average of ordinary remuneration received by the worker during the 4 quarters before the injury occurred

Contractors will be paid a refund of the total levy contributions they made, plus interest earned.

If a worker has recorded service as both a contractor and as an employee, then the amount paid will be the sum of their employee component and their contractor component calculated as above.

Tax

The Authority will deduct income tax on the employee component of a claim, according to ATO guidelines.

Marginal rates will apply to most long service leave payments. Some lump sum termination payments may be taxed at a different rate. Refer to the ATO website for more information.

The Authority does not currently deduct income tax on the contractor component of a claim. Contractors should declare the refund of contributions and interest as income on their tax return for the year in which the payment was made.

Claim types

Workers can access their benefit though one of the following claim types:

Claim type Information
Long service leave Who can apply?

Employees with 10 or more years of service, who are still recording service and wish to take paid long service leave from their current employer.

Conditions

  • Employee must have a minimum of 10 years of recorded service
  • Employee must take a minimum of 2 weeks of long service leave each time they claim
  • Employer must approve the period of leave requested

Form

Employee Claim Form

Long service leave payment only Who can apply?

Employees with 10 or more years of service, who are still recording service and wish to collect a payment instead of taking leave from their current employer.

Conditions

  • Employee must have registered prior to 1 July 2012
  • Employee must have a minimum of 10 years of recorded service
  • Employee must take a minimum of 2 weeks of payment each time they claim, if not claiming the whole entitlement
  • Employee must be currently employed

Form

Employee Payment Claim Form

Lump sum payment Who can apply?

Unemployed workers or contractors with 10 or more years of service.

Conditions

  • Worker must have a minimum of 10 years of recorded service
  • Worker must take payment equivalent to a minimum of 2 weeks of payment each time they claim, if not claiming the whole entitlement
  • Worker must be unemployed or registered as a contractor

Form

Employee Claim Form

Leaving the industry Who can apply?

Workers with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after ceasing to work in the industry permanently. Workers with 10 or more years of service should refer to Lump Sum Payment instead.

Conditions

  • Worker must have a minimum of 5 years of recorded service (if registered prior to 1 July 2012), or 7 years of recorded service (if registered on or after 1 July 2012)
  • Worker must sign a statutory declaration indicating that they have permanently left the industry and stating their intended occupation
  • A mandatory waiting period of 20 weeks after ceasing work in the industry applies

Form

Leaving the Industry Permanently

Age retirement Who can apply?

Workers with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after retiring. Workers with 10 or more years of service should refer to Lump Sum Payment instead.

Conditions

  • Worker must be 55 years or older, or be a Veteran Affairs pensioner
  • Worker must have a minimum of 55 days of recorded service (if registered prior to 1 July 2012), or 5 years of recorded service (if registered on or after 1 July 2012)

Form

Age Retirement Claim Form

Total incapacity Who can apply?

Workers with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after becoming totally incapacitated. Workers with 10 or more years of service should refer to Lump Sum Payment instead.

Conditions

  • A medical practitioner must complete the Certification by Medical Practitioner section of the claim form
  • Worker must have a minimum of 55 days of recorded service (if registered prior to 1 July 2012), or 5 years of recorded service (if registered on or after 1 July 2012)

Form

Total Incapacity Claim Form

Deceased Who can apply?

Executors, legal representatives or beneficiaries of a deceased worker who wish to collect a lump sum payment of the worker’s pro-rata entitlement.

Conditions

  • Applicant to provide a copy of the death certificate
  • Applicant to provide a certified copy of the will (if appropriate)
  • Applicant must complete a statutory declaration
  • For workers registered before 1 July 2012:
    • worker has a minimum of 5 years of service; or
    • worker has a minimum of 55 days of recorded service and was deceased within 4 years of last recorded service
  • For workers registered on or after 1 July 2012:
      • worker has a minimum of 7 years of service; or
    • worker has a minimum of 5 years of service and was deceased within 4 years of last recorded service

Forms

Claim processing time

The Authority has a pay run once a week. If no further information is needed to process your claim the payment will be scheduled within 1 week of the date you are starting your long service leave. For lump sum claims, the payment will be processed in the next pay run available from the date your claim is received.