How Does the Scheme Work?
In Western Australia, to be entitled to a long service leave benefit you normally must accrue a minimum of 7 years service with a single employer. However if you work on site in the construction industry, you may find yourself working with many employers over the same period. That’s why a portable long service leave Scheme has been established by Government exclusively for construction industry workers.
The Scheme allows you to carry your long service leave benefits from employer to employer. So it doesn’t matter how many employers you’ve worked for, you can still enjoy the long service leave benefits you’re entitled to.
All you have to do is register.
Every three months employers advise MyLeave of how many days each employee has worked for them in the construction industry and pay a levy to MyLeave based on a percentage of the employees’ ordinary rate of pay.
MyLeave keeps a record of the days in the construction industry and the ordinary rate of pay for each employee registered with MyLeave.
Each employee can be credited with a maximum of 220 days per year towards their long service leave entitlement.
Does it cost anything to register?
Who pays for the Scheme?
Your employer. It costs you nothing.
Who can register?
All those employed on site in the construction industry in these classifications of work.
I am employed under the temporary skilled migration (subclass 457) program. Can I join the Scheme?
Yes, ensure you register to join the Scheme by completing an Employee Registration Application Form and forwarding it to MyLeave.
How do I register?
You may be automatically registered when an employer includes you on a quarterly statement made to MyLeave. If you are unsure, complete and submit an Employee Registration Application Form.
If it is found that you are not in a classification of work covered by the Scheme you will be advised accordingly.
What benefits does the Scheme offer?
After accruing 10 years of service in the Scheme employees get 8 2/3rd weeks paid long service leave with an additional 4 1/3rd weeks leave for each additional 5 years of service after that. Pro rata (proportionate) leave of 6 weeks is available after only 7 years. Pro rata leave can be taken with the approval of your employer. There are also other pro rata (proportionate) benefits.
How much do I get paid and who pays me?
MyLeave pays you at your ordinary rate of pay averaged over your last 220 days of service in the construction industry. Your ordinary rate of pay is the amount due to you for paid leave (excluding leave loading) or if you are not entitled to paid leave the ordinary rate of pay is the rate of pay payable for ordinary hours which are normally 38 hours per week unless an ‘industrial instrument’ applies.
Can I have my interstate service recognised?
Following an agreement between similar long service leave Schemes operating in New South Wales, Victoria, Queensland, South Australia, Tasmania, Australian Capital Territory and the Northern Territory; workers can have their interstate service recognised when qualifying for long service leave in Western Australia.
Can apprentices enjoy the benefits?
Yes, your apprenticeship can count towards your long service leave.
When can I apply for long service leave?
As an employee, once you have accumulated 2200 service days (which is equivalent to 10 years of service), you are entitled to 8 2/3rd weeks paid long service leave.
You can also request a pro rata (proportional) payout after 7 years of service (1540 service days). MyLeave does not have any discretion in this matter and cannot pay out accumulated service for any reason if the minimum period of 1540 days has not been achieved.
By claiming a pro rata payment on termination of employment you will break your service for long service leave purposes. This means that you must work a further 7 years in the construction industry before you once again qualify for any further benefit from the Scheme.
For the initial 10 years of long service leave entitlement (8 2/3rd weeks) you can take leave on only 3 occasions and the minimum period of leave is 1 week.
If you move to another State, your WA service can count in that State towards a long service leave benefit.
You should allow a minimum period of 2 weeks for MyLeave to approve and process your claim.
How do I claim my leave?
Just complete and submit the Application for Payment of Long Service Leave Form to MyLeave. The form is in two parts. You should complete Part 1, and your employer should complete Part 2.
Can I work after receiving a Long Service Leave payment from MyLeave?
No, if you have applied to MyLeave to take leave then you are NOT able to work for your employer or any other employer. Penalties apply.