The Construction Industry Long Service Leave Act 1987 contains special provisions for workers who transfer between roles requiring registration with the scheme.
Transfer from a covered role
If your employee transfers to a role not eligible for portable long service leave, their long service leave entitlement transfers from the Construction Industry Long Service Leave Act 1987 to the Long Service Leave Act 1987. You must advise us in writing of the date of transition and no longer record service on Employer Returns for that employee.
If that employee remains employed with you for 10 years, they will be eligible for long service leave (combining both the service registered with Portable Long Service Leave whilst employed by you, and the service accrued with you under the Long Service Leave Act 1987 since the date of transition). A pro-rata payment is available if they have been employed for 7 years and cease employment. When the worker wishes to take/claim long service leave, they will apply directly to you. You will pay your employee for both the weeks of leave accrued with Portable Long Service Leave (whilst employed by you) and the weeks of leave accrued with you since the date of transition in accordance with the Long Service Leave Act 1987. Upon your request, we will reimburse you for the weeks of leave accrued with Portable Long Service Leave (whilst employed by you) at the employee's current ordinary weekly rate of pay.
Before making any payment under this provision, please contact our office.
Example
Joe Bloggs has worked for ABC Pty Ltd for 10 years.
In the first 5 years Joe was a Carpenter and was eligible for portable long service leave.
Joe then became an estimator and was no longer eligible to accrue portable long service leave going forward.
After 10 years Joe now wants to take some Long Service Leave.
As he has accrued 5 years with PLSL and 5 years with ABC Pty Ltd he has 13 weeks available to take.
As he now comes under the Long Service Leave Act, ABC Pty Ltd is responsible for the long service leave payment of up to 13 weeks and will recover from PLSL an amount representative of the first 5 years.
Transfer to a covered role
If your employee transfers to a role eligible for portable long service leave, their long service leave entitlement transfers from the Long Service Leave Act 1987 to the Construction Industry Long Service Leave Act 1987. You must commence recording service for that worker on Employer Returns and advise us in writing of their employment start date. If that employee remains employed with you for 10 years they will be eligible for long service leave (combining both the service accrued with you under the Long Service Leave Act 1987 up until the date of transition and the service accrued with Portable Long Service Leave whilst employed by you). When that employee wishes to take/claim long service leave they will apply to Portable Long Service Leave. We will pay your employee for both the weeks of leave accrued with you and with Portable Long Service Leave in accordance with the Construction Industry Long Service Leave Act 1987 . We will then issue an invoice to you for the weeks of leave accrued with you under the Long Service Leave Act 1987.
Example
Joe Bloggs has worked for ABC Pty Ltd for 10 years.
In the first 5 years Joe was a truck driver and was not eligible for portable long service leave.
Joe then became a crane driver and was subsequently registered for portable long service leave.
After 10 years Joe now wants to take some Long Service Leave.
As he has accrued 5 years with ABC Pty Ltd and 5 years with PLSL he has 13 weeks available to take.
As he now comes under the Construction Industry Long Service Leave Act, PLSL is responsible for the long service leave payment up to 13 weeks and will recover from ABC Pty Ltd an amount representative of the first 5 years.
