“Supervisor” became an eligible classification of work when the Building and Construction General On-site Award 2020 was added to the Construction Industry Portable Paid Long Service Leave Regulations on 19 November 2021.
What defines a Supervisor for the purpose of MyLeave eligibility?
For determining eligibly in the Scheme, a Supervisor is an employee that:
- works most of their time on-site; and
- is appointed to be mainly engaged in the direct supervision of employees including those employed as leading hands, forepersons, and subordinate supervisors, as specified in the Building and Construction General On-site Award 2020
Supervisor’s do not include employees that are site managers, department heads, project managers, general managers, engineers, and the like.
Is a Supervisor that works some of their time on-site eligible for the Scheme?
Only Supervisors that work most (i.e. more than 50%) of their time on-site are eligible. If their time is spent mostly off-site (i.e. in an off-site office), the employee is not eligible for the Scheme. Time spent in on-site offices are considered to be part of a supervisor’s on-site time. An on-site office include structures like dongas, demountable structures, caravans and any other structures used for the purpose of construction. It is important to note that for MyLeave purposes, any day, or part-day worked on-site is considered to be 1 day of service.
If a cabinet maker engaged employees both in the workshop (manufacturing) and installing the cabinets (on-site). The criteria used to decipher whether contributions are required, would come down to whether the employees were substantially engaged within the construction industry (More than 50% of time on site installing). If less than 50% of time was on-site, contributions would not be required even though they work in an eligible classification of work
What does working on-site mean?
On-site is any location where construction work is being carried out but does not include a location where workers are employed in an employer’s own premises including their workshop, yard or factory. It also includes an office set up on site for the purpose of construction (e.g. dongas, demountable structures, caravans and any other structures used for the purpose of construction).
Construction work includes the construction, erection, installation, reconstruction, re-erection, renovation, alteration, demolition or maintenance of or repairs to, inclusive of; buildings, roads, railways, bridges, tunnels, pipelines, drainage, generation, supply or transmission of electricity, fences. The full list of construction work is provided in section 3(1) of the Act under the definition of construction industry.
I have a residential building company, my supervisors attend the office first thing and then visit various sites throughout the day checking on scheduling of works. Most of the construction work is done by contractors. Would they be covered?
No. The supervisors must be mainly engaged in the direct supervision of employees on site to be eligible for the scheme.
If Project Managers and General Managers are on-site, are they to be included?
No, only employees engaged as supervisors (as defined in 1 above) are to be included. Their duties as Managers traditionally outweigh those of the Foreman/Supervisor role and would not be considered eligible for the scheme.
Cases would only be considered if it can be proven that the Manager is actually performing the Foreman/Supervisor role defined above. That being that their substantive role is on site, directly overseeing the work of employees including those employed as leading hands, forepersons, and subordinate supervisors.
What happens if our employees are engaged under awards other than those prescribed (under the regulations)?
Contributions are required if their classification/s of work are listed in the Prescribed Awards. The Prescribed Awards are used to determine eligibility for the Scheme. The industrial instrument (Award, EBA, EA, IFA etc) that the employee is employed under is not the instrument used to determine eligibility.