Workers

Worker Information

Overview and Benefits

The Scheme enables workers to qualify for long service leave based on their service with the construction industry rather than service with the one employer. The portability extends across state borders under the National Reciprocal Agreement.

A registered worker can be credited with a maximum of 220 days of qualifying service each financial year. A total of 6.5 days long service leave credit is accrued for each 220 days of qualifying service.

Once a worker has accrued 65 days’ long service leave credit (ie: 10 years’ service), they can apply for 13 weeks’ (ie: 65 days) long service leave, or with the agreement of their employer, take leave in separate periods of not less than 5 days.

Workers need to accrue a further 32.5 days’ long service leave credit before they can apply for further leave. The Act contains special provisions for workers who die, retire or cease to perform construction work. More information can be found below under ‘Entitlement and Claims Information’.

Eligibility for workers

To be eligible for registration under the Scheme a worker must:

• be employed to physically carry out construction work in the Northern Territory;
• work on a construction site and on the tools for greater than 50% of their time;
• work for the private sector (ie: not for the government); and
• not be working in an administrative, clerical, managerial or professional capacity.

Workers employed full-time, part-time, as a casual, or as a labour only contractor are eligible to register.

Labour Only Contractors, Sole Traders and Working Directors

Labour Only Contractors – To be eligible to register under the Scheme you must:

• be employed to physically carry out construction work in the Northern Territory;
• work on a construction site and on the tools for greater than 50% of their time;
• work for the private sector (ie: not for the government);
• not be working in an administrative, clerical, managerial or professional capacity.
• Not be supplying

Sole Traders

To be eligible for registration, workers who are ‘Sole Traders’ must provide “labour only” services. Sole Traders who supply materials (or services while supplying such materials) are not eligible.

Working Directors

As a general guide, roles that are described as ‘Project Manager’, ‘Construction Manager’ ‘Site Manager’ are not likely to be eligible. This is where relevant roles more broadly oversee the construction project, from initial planning to completion, including focusing on scope, budget, and timelines. These people are not always on site and are not actively engaged in the physical detail and execution of the actual construction work (even if they might occasionally do so).

Roles that are described as +‘Supervisor’, ‘Foreman’, ‘Leading Hand’ (or Similar) (which would include working directors) are more likely to be eligible if the roles involve:

• the employee/contractor working on site/on tools (50% on site and on tools predominance test); and
• they are responsible for the physical execution of the construction project; and
• may include providing supervision services (other than professional services) that relate directly to construction work, including providing labour to carry out construction work.

Please see Eligibility of Persons Carrying Out Work in a Managerial Capacity (PDF, 163.4KB) for more information or contact NT Build for clarification on 1300 795 855.

What is construction work?

For the purposes of the Scheme, construction work includes commercial, domestic, industrial and civil construction, and covers (among other things) reclamation, earthmoving, landscaping, repair, maintenance, extension and demolition work.

For more information on the definition of construction work, click here or access the What is construction work? (PDF, 1.2MB) information sheet for levy payers or phone NT Build on 1300 795 855.

Getting Registered

To register you will need to complete a Worker & Contractor Registration Application (PDF, 268.4KB) and email it back to info@ntbuild.com.au.

Once you have been approved to register, your employer will lodge an Employer Return with NT Build every 6 months. If you are a labour-only contractor, we will send you a Return Form for you to complete and lodge every 6 months.

Entitlement and Claims Information

In the NT, workers and labour only contractors registered under the Scheme are entitled to take:

Interstate service

Every state and territory in Australia have a construction industry portable long service leave scheme. Under the National Reciprocal Agreement, registered Northern Territory workers can have service accrued in any state or territory combined towards a long service leave entitlement.

If you move interstate, you must check that you are registered with the portable long service leave scheme in the new state or territory.

If you start working interstate, please contact us to let us know so we can record your interstate service details.

Please note: there are differences in the type of work covered and the benefits offered under each interstate jurisdiction (including weekly pay rates). Any portion of interstate service included in a workers claim will be calculated and paid in accordance with the legislation and policies of the relevant interstate scheme.

Recording Missing Service

Once you join NT Build the recognition of previous service days can only be backdated 12-months prior to you joining NT Build. Going forward, if you notice periods of service with an employer that is not recorded in your service history, then you can download the Investigate Missing Service form (PDF, 374.9KB).

Complete this form and return it to NT Build so that we can investigate the missing service. Along with the completed form, you will also need to provide evidence that you were performing relevant work in the industry during the period of missing service. Evidence could include PAYG payment summaries for the period of employment you are claiming missing service and pay slips for the period you are claiming missing service.

Deregistration

If you have had no service recorded with the NT for 4 years, your account will be deregistered (closed). A letter will be sent to your last known address regarding this.

If you are currently working in the construction industry but working interstate, contact us so we can update our records. This will ensure your details are up to date and we can change your status back to active.

If you haven’t been working in the construction industry and believe you may have an entitlement, please contact us as soon as possible. This entitlement CAN ONLY be claimed within 4 years from the date of your deregistration. Once the 4 years has lapsed, you will not be entitled to make a claim.