What is portable long service leave?
The scheme enables workers to qualify for long service leave based on their service to the industry rather than service with the same employer. Workers can therefore work for any number of employers. The portability will also extend across state borders under the National Reciprocal Agreement, once approved.
The scheme will be funded by:
- A levy on construction work in the Northern Territory
- Investment earnings
Most employers will not have to make any financial contribution to the scheme, as this will be the obligation of project developers. However, in certain circumstances where an employee has been continuously employed by the one employer, employers may have to contribute or pay for long service leave that accrued before 1 January 2005.
If you are an employer, you will need to register with NT Build within one month of commencing to employ eligible construction workers in the Northern Territory.
You can obtain an Employer Registration Application Form by contacting NT Build's office on 1300 795 855 or by downloading one published under the publications menu on this web site.
Post registration reporting and obligations
Once a worker has been registered, employers will be required to:
- Keep adequate records to account for any eligible workers employed;
- Complete an employer return twice a year advising NT Build of the number of days worked by all registered employees and any other information required by NT Build.
- Changes made to the Act affecting major construction projects (valued at more than $1 Billion) means the actual number of days worked on a major project (ie; Inpex) need to be identified separately from all ‘other’ days.
- Employer Returns are undertaken twice yearly (based on a financial year cycle).
- Period 1 is from 1 July to 31 December, usually issued mid to late January with a final lodgement date of 31 March, and
- Period 2 is from 1 Jan to 30 June, usually issued in mid to late July with a final lodgement date of 30 September.
- Further information regarding reporting completing a return, including how to calculate a worker's service days, are provided in various information sheets for employer published under the publications menu on this web site.
Who is an eligible worker?
An eligible worker under the scheme:
- is employed to carry-out construction work in the Northern Territory;
- is employed full-time, part-time, as a casual or as an apprentice;
- works in the private sector, i.e. not for the government;
- is not working in an administrative, clerical, managerial or professional capacity; and
- works a minimum of three days in any reporting period (i.e. six months).
What is construction work?
For the purpose of this Scheme, construction work includes commercial, domestic, industrial and civil construction work. Construction work covers workers performing repair, maintenance, extension and demolition work.
For more information on the definition of construction work and eligible types of work please refer to the definition published under the about NT Build menu on this web site or phone NT Build on 1300 795 855.
What is qualifying service?
The following is a day of service for the worker:
- a workday throughout which the worker carries out at least 6 hours of construction work during any work shift;
- a public holiday or any day of paid absence for the worker other than a day that is part of long service leave while the worker is employed or engaged to carry out construction work in the Territory.
In circumstances where workers are employed on a Fly in Fly out / Rotating roster basis. An average number of days worked over the
Return period should be used to calculate the workers service days. An average number of working days can be calculated using the
Total number of hours worked in Return period ÷ 8 (standard working day) = Service days for Return period
A worker is entitled to be credited with a maximum of 6 days of qualifying service per week, however they cannot accrue more than 220 days of service in a financial year.
For more information on the definition of construction industry and the type of eligible work please refer to the definition published under the about NT Build menu on this web site or phone NT Build on 1300 795 855.