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Portable Long Service Leave (PLSL) and Coronavirus

March 24, 2020

The building and construction industry has a unique, state/territory based portable long service leave (PLSL) scheme for those who have been in the industry for between 5-10 years or longer.

Accessing PLSL maybe an option for you to take up in light of COVID-19 and any changes in your working arrangements.

Depending on the state, those eligible for the leave maybe entitled to a lump sum payment, or paid time-off for between 8 to 13 weeks. Pro-rata payments or time off will apply in some places.

Unlike other state based long service leave arrangements, the entitlement to PLSL is based on the period of service spent in the industry, as opposed to the period of time spent working for the same employer.

Employees who have been working in the industry for the required period of time are entitled to make a claim for PLSL. Employees will be eligible as well as certain contractors, directors and the self-employed in some states. See below for further details on eligibility.

If you are eligible and have been recording your service HIA recommends contacting your relevant state based PLSL provider or contacting a HIA Workplace Adviser for more information on 1300 650 620.

South Australia - Portable Leave Long Service Leave
Norther Territory - NT Build
Tasmania - TasBuild
Victoria - CoInvest
Queensland - Qleave
NSW Long Service Corporation
ACT - Long Service Leave Authority

Who is entitled to PLSL?

NSW
  • Employees
  • Contractors
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.
QLD
  • Employees
  • Contractors providing substantially labour only
  • Foreperson or sub-foreperson performing building and supervision work
  • Company directors who have voluntarily opted-in to the scheme.

Type of engagement not covered:

  • Subcontractors who provide principal materials or significant plant as part of the contract
  • Individuals who are paid to achieve a stated result or outcome and supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work and are, or would be, liable for the cost of fixing a fault with the work performed
  • Individuals who have a personal services business determination under the APSI test
WA
  • Employees
  • Labour only contractors will be covered if they:
    o Undertake to produce a ‘given result’ for a fixed fee;
    o Provides the materials and/or equipment necessary to undertake the task;
    o Have an unfettered discretion to delegate the work;
    o Bear the risk of making a loss in running a business through incurring significant expenses related to the income earned; and
    o Provide services to the general public and not just the principal.
SA
  • Employees
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.
NT
  • Employees
  • Labour only contractors
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.
TAS
  • Employees
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.
VIC
  • Workers including foremen but not supervisors.
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.
ACT
  • Employees
  • Contractors
  • Working directors and self-employed contractors who have voluntarily opted-in to the scheme.

 

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