Employer FAQ

Do I need to register?

It is compulsory by law for employers, as defined, to register in this Scheme which is established under the Construction Industry Portable Paid Long Service Leave Act 1985 “the Act”

What is the definition of employer?

‘Employer means a natural person, firm or body corporate who or which engages persons as employees in the construction industry’; or ‘labour hire agency which arranges for a person who is a party to a contract of service with the agency to do work in the construction industry for another person’.

Employees include individual subcontractors hired principally for labour and paid by the day or hour.

Wage rates

The wage rate used to calculate Returns and to pay an employee’s long service leave is the employees’ “ordinary rate of pay”.

Ordinary Pay

The ordinary pay for reportable Service Days will vary depending on if the worker is entitled to paid leave or not.

For workers entitled to paid leave, ordinary pay means the rate of pay (disregarding any leave loading) to which the person is entitled for leave (other than long service leave) to which the person is entitled.

Please note that ordinary pay does not include annual leave loading but does include other amounts such as rental allowance, utilities allowance, living away from home allowance etc. – if these allowances are due to a worker when on paid leave.

If a worker is not entitled to paid leave (other than long service leave), the ordinary pay of the person is the rate of pay to which the person is entitled for ordinary hours of work. For instance, the ordinary rate for casuals will include casual loading, other applicable allowances, and may include weekend work.

Ordinary pay and reportable Service Days must be calculated in calendar years and not financial years as the levy may differ from 1 January of each year.

If you require assistance to determine the correct Ordinary Pay of your employee/s, please contact us for assistance.

Contribution rate

From 1 January 2022 through 31 December 2022 the contribution rate is 0.1% of the ordinary rate of pay paid to the employee.

Note that the ordinary rate of pay is not the award rate. See ‘Wage Rates’ above for more detail.

Is maintenance work included in the Scheme?

Yes. Maintenance work is also covered by this Scheme.

Do I include workers who are employed under a working visa?

Yes, workers employed who are in Australia under a working visa should be included on Quarterly Returns.

How do I Register?

Just complete and submit an Employer Registration Application Form.

Registration certificates confirming registration are sent to employers after their applications have been processed and accepted by MyLeave.

I’m unsure whether I am required to register?

If you are unsure of whether you are required to register or not please contact MyLeave.

Can an employee who has been paid long service leave by MyLeave work during their scheduled leave?

No, if an employee has been paid to take long service leave by MyLeave then they cannot do any work during their nominated leave period. If you urgently need to recall the employee, please contact us so that we can assist you with this issue.