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.
The wage rate used to calculate Returns and to pay an employee’s long service leave is the employees’ “ordinary rate of pay”.
If the employee is entitled to paid leave:
The ordinary rate of pay is the rate of pay due to the employee when going on paid leave. This excludes leave loading but includes amounts such as rental allowance, utilities allowance, living away from home allowance etc (if these allowances are due to an employee when on paid leave) and based on a 38 hour week unless an industrial instrument provides otherwise. For instance the pay rate includes any over award payment paid as ordinary pay as this would be the pay rate payable to an employee when going on annual leave.
If the employee is not entitled to paid leave:
Where an all up rate applies or the person is employed as a casual then the ordinary rate of pay to be used is the rate of pay payable for ordinary hours which can be less than but no greater than 38 hours per week unless an industrial instrument provides otherwise. For instance the ordinary rate of pay for casuals includes the casual loading and this higher rate of pay for the hours worked up to 38 hours per week should then be used as the ordinary pay rate.
If you are unsure of the rate to be used the Board can offer assistance in determining the appropriate pay rate to use. Please contact MyLeave for assistance.
The contribution rate effective from 1 January 2020 is 1.0% (ONE PERCENT) 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. Many employers think that we only cover construction work.
Do I include workers employed under the temporary skilled migration (subclass 457) program or the temporary skill shortage (TSS) visa program?
Yes. Workers employed under the above programs 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 can not do any work during their nominated leave period. If you urgently need to recall the employee due to an unexpected issue please contact us so that we can assist you with this issue.