Find out if you're covered.
Unsure if you’re covered by portable leave?
Generally speaking, if you are employed (whether full time, part time or casually) for at least half of your time to perform building, electrical or metal trades work (as defined in the Construction Industry Long Service Leave Act 1987) in a classification of work referred to in a modern award covered by the Act, you will be entitled to portable long service leave.
Registration is compulsory for individuals, partnerships, companies or trusts employing workers:
- for at least 3 days in any month (each of at least 5 hours);
- predominantly on-site in any 3 month period;
- performing building, electrical or metal trades work;
- in a work classification referred to in one of the following Awards (note that these Awards are used only to extract classifications of work and it is not a requirement they regulate your worker's pay)
Definition of building, electrical or metal trades work
Building work means:
- the construction or erection of a building or structure that is or is to be fixed to the ground and wholly or partially fabricated on-site;
- any preliminary site preparation work (including pile driving) for the construction or erection of any such building or structure;
- the alteration, maintenance, repair or demolition of any building or structure;
- the laying of pipes and other prefabricated materials in the ground, and any associated excavation work
Electrical or metal trades work means:
- electrical or metal work associated with the construction or erection of a building or structure that is to be fixed to the ground and wholly or partially constructed on site;
- electrical or metal work associated with the alteration or demolition of a building or structure;
- the construction, erection, installation, extension, alteration or dismantling of a transmission or distribution line, or plant, plant facility or equipment used in connection with the supply of electricity;
- the construction, erection, installation, extension, alteration or dismantling of an air-conditioning, ventilation or refrigeration system;
- the construction, erection, installation, extension, alteration or dismantling of data and communication cabling
- the construction, erection, installation, extension, alteration or dismantling of security alarm equipment
- the construction, erection, installation, extension, alteration, servicing, repairing, replacing of parts or dismantling of a lift or escalator;
- electrical or metal work associated with other engineering projects
Structures include:
- a tank or other structure for the storage or supply of water;
- sewerage or effluent drains and associated structures;
- a bridge, viaduct, aquaduct or tunnel;
- a chimney stack or cooling tower;
- a silo;
- a dock, jetty, pier or wharf
‘Building’ includes part of a building.
Voluntary registration
Employers may voluntarily register a worker:
Employed in the terrazzo or concrete casting industries as a:
- Carpenter
- Joiner
- Tradesperson (precast concrete manufacture)
- Machinist (precast concrete manufacture)
- Terrazzo Assistant
- General Hand or Adult Trainee terrazzo worker
Employed in the preparation or manufacture of any of the following:
- fibrous plaster
- architectural ornaments made of fibrous plaster, plaster or cement
- plaster tiles or sheets (whether containing fibre or not)
- architectural models
- material for suspended ceilings
Ineligible employees
- Workers who do not predominantly perform building work or electrical and metal trades work outlined in the Act or whose classification of work is not listed in one of the above Modern Awards. Examples include workers who:
- predominantly perform service and maintenance work, but only in relation to electrical, refrigeration or air-conditioning
- are predominantly based in a workshop
- are predominantly based in an office
- are predominantly on-site but do not physically perform construction work, eg site supervisors, project managers, surveyors, estimators
- Workers who solely carry out construction work on premises owned or occupied by their employer, not being for subsequent sale or lease
- Federal, state or local government employees
If you are still unsure, please contact us to discuss your circumstances in detail.