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Legislation

Act

In February 2005 the Construction Industry Long Service Leave and Benefits Act (the Act), which came into affect on 1 July 2005, was passed by the Northern Territory Legislative Assembly enabling building and construction industry workers in the Territory to benefit from the introduction of a portable long service leave scheme. The object of the Act is to provide for the entitlements to long service leave and long service benefits for constructions workers through a scheme that:

  • recognises the particular circumstances of the construction industry and construction workers in the Territory;
  • allows, through intergovernmental agreements -
    • credits accrued under the scheme to be recognised by a similar scheme of a State; and
    • credits that were accrued under such a similar scheme to be recognised by the scheme; and
  • is funded primarily by a levy on construction work carried out in the Territory.

In November 2009 the Act was amended to introduce a variable threshold levy amount (effective from 1 July 2009) by the passing of the Construction Industry Long Service Leave and Benefits Amendment Act 2009 by the Northern Territory legislative Assembly. The amendment introduced a two tier levy regime for construction projects with construction costs in excess of $1billion.  This means the 'standard' prescribed levy rate which applies to all eligible construction projects under the scheme, is applied to the first $1billion and a project’s specific levy rate, determined by the responsible Minister, is applied to the project costs that exceed the $1billion threshold.

In April 2015 a number of legislative amendments, resulting from the changes to the Scheme announced by the Northern Territory Government in April 2014, were made. The amendments involved clarification of the levy payment process for major projects costing in excess of $1 billion, improvements to the Scheme’s governance arrangements, and reducing the qualifying period for workers to 220 days.

The consolidated version of the Construction Industry Long Service Leave and Benefits Act (incorporating all amendments) is available for downloading or viewing on the NT Government legislation database. Official copies of the Act can be purchased from the Print Management Unit - Department of the Chief Minister (email: pmu.dcm@nt.gov.au).

Regulations

The Act requires a number of matters to be prescribed in Regulations.  The following Regulations have been made by the Administrator covering matters such as:

  • imposition of levy;
  • amount of levy; and
  • payment of levy by instalments.
  • Construction Industry Long Service Leave and Benefits Regulations
    Consolidated version of Regulations as in force from 7 April 2014.
  • Construction Industry Long Service Leave and Benefits Amendment Regulations 2014
    Regulations made on 7 April 2014 (Gazetted 7 April 2014) amending the levy rate amount leviable threshold - affecting the imposition of a reduction in the levy rate from 0.3% to 0.1% and an increase in the leviable threshold from $200,000 to $1 million, effective from 7 April 2012.
  • Construction Industry Long Service Leave and Benefits Amendment Regulations 2012
    Regulations made on 31 July 2012 (Gazetted 3 August 2012) amending the levy amount and streamlining the transitional provisions affecting the imposition of a reduction in the levy rate from 0.4% to 0.3%, effective from 1 April 2012.
  • Construction Industry Long Service Leave and Benefits Legislation Amendment Regulations 2011
    Regulations made on 7 June 2011 (Gazetted 15 June 2011) amending the previously imposed temporary reduction in the levy amount by retaining the levy rate at the 0.4% on an ongoing basis after 30 June 2011.
    Under the transitional provisions contained in these Regulations the original levy rate of 0.5% still applies to any construction work that commenced on or after 1 July 2005 and before 1 July 2009, regardless of completion date.
  • Construction Industry Long Service Leave and Benefits Amendment Regulations 2009
    Regulations made on 24 June 2009 (Gazetted 26 June 2009) amending the levy amount and introducing transitional provisions affecting the imposition of a two year temporary reduction in the levy rate from 0.5% to 0.4% from 1 July 2009 until 30 June 2011.

The Regulations are available for downloading or viewing on the NT Government legislation database.  Official copies of the Regulations can be purchased from the Print Management Unit - Department of the Chief Minister (email: pmu.dcm@nt.gov.au).

Determinations

The Act requires a number of matters to be determined by the governing NT Build Board. A total of fourteen (14) Determinations were made by the Board and cover matters such as:

  • construction worker and employer registers;
  • application for registration;
  • qualifying service;
  • employee and contractor rates of pay;
  • reporting and record keeping obligations;
  • transfer of credits;
  • recognition of previous service; and
  • recognition of qualifying service.

A consolidated version of the Construction Industry Long Service Leave and Benefits Determinations, as in force from 24 June 2015, is available for downloading or viewing on the NT Government legislation database. Official copies of the Determinations can be purchased from the Print Management Unit - Department of the Chief Minister (email:pmu.dcm@nt.gov.au).

Further information

Definition of construction work

For the purpose of the Act, construction work covers civil works, land draining and reclamation, earthworks, site restoration and landscaping. It also includes altering, repairing, restoring, maintaining, dismantling, demolishing or removing buildings, structures or fittings and fixtures therein.

Construction work is defined in section 6 of the Construction Contracts (security of Payments) Act, available for downloading or viewing on the NT Government legislation database.

For more information on the definition of construction work please refer to the definition published under the about NT Build menu and the Fact Sheets published under thepublications menu on this web site or phone NT Build on 1300 795 855.