Interstate Portability of Long Service Leave Entitlements
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.
What does this mean to me?
Under the Agreement you can work in the construction industry in more than one State/ Territory and have the service interstate recognised by the other Schemes.
For example: If you had worked interstate and accumulated:
2 years service in Victoria
2 years in South Australia and
3 years in Western Australia and if you currently work or last worked in WA
you would now be eligible to claim a long service leave benefit in Western Australia having accrued a total of 7 years service overall which is the minimum service requirement to gain a benefit in the WA Scheme.
Common Questions About Interstate Long Service Leave
When can I apply for my long service leave?
The minimum number of service days required to claim long service leave varies from State to State.
Pro rata (proportionate) long service leave in Western Australia is applicable after 7 years service in the construction industry, giving you 6 weeks leave.
In WA you can also claim your 8 2/3rd weeks long service leave, paid at the ordinary rate of pay, when you have accumulated 10 years of service in the construction industry.
In which State do I apply?
You apply for long service leave with the State Scheme in which you currently or last accrued service.
When I move to a new State can my service be transferred to the Scheme in the new State?
No. Each Scheme is based on individual State legislation and due to the differences between the Schemes in regard to entitlements and the way Schemes are funded it is not possible to transfer service between Schemes. However, we do recognise interstate service.
You need to keep track of the service you have accrued in each State yourself. When you have sufficient service for an entitlement in the Scheme in which you currently or last received service you can make a claim in that State.
How can I work out if I have an entitlement?
Download the Interstate Portability of Long Service Leave Entitlements brochure, which has a guide to help you check your current situation.
How is the amount to be paid to me for my long service leave calculated?
When you make a claim that involves interstate service, each State Scheme determines how much your entitlement in that State is, using the rates of pay applicable in their State. WA uses the ordinary rate of pay for its portion of accrued entitlement. You are then paid the sum of the amounts calculated by each State.
Do I need to advise MyLeave of my interstate service?
Only if you have received a notice regarding cancellation of your accrued service in WA. In the meantime, you should keep a record of the service accrued in each State you have worked.
The Annual Notice sent to you each year by the Western Australian Scheme will only contain the service accumulated in Western Australia.
When I change my address who do I need to advise?
You need to advise all the Schemes that you are currently registered with. It is your responsibility to ensure your address is current with each Scheme.
This can be done by email, fax, phone or letter or by logging onto each Scheme web site.
What if I have a query with my service days?
Contact the State Scheme in question.
What if I am about to be de-registered in another State?
If you are now working in the construction industry in Western Australia and you are about to be de-registered by a Scheme in another State you should advise that State of your registration in Western Australia.
Please be aware that entitlement information recorded by State Schemes is subject to final verification with your employers at the time of processing your claim for long service leave payment.
An employee should never submit a resignation or plan to go on long service leave unless the State Scheme in which the claim is made has confirmed that they do in fact have an entitlement due.
Download the Interstate Portability of Long Service Leave Entitlements brochure for help calculating your long service leave benefit where you have Interstate Service.
Contacting Interstate Schemes
Click here for the contact details of Interstate Schemes.