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Employers in the Building and Construction Industry – Portable Long Service Leave Requirements

Posted by Northadvisory on September 11, 2017

The Long Service Corporation operates the portable long service leave scheme available to workers in the industry.

If you operate in the building and construction industry and you employ workers, you must be registered with the Long Service Corporation in NSW. You may need to register both as an employer and as a worker if you are self-employed.

If you pay long service leave benefits to your employees you may claim part or all of the benefit amount paid from the Scheme. This is provided that you are registered and the worker’s time is recorded with Long Service Corporation.

Employers will need to complete the following:

Employer Returns

Employers registered with Long Service Corporation must lodge an Employer Return by 31 July, being within 1 month of the end of a financial year. For example, the Employer Return for the 2017 financial year is due on 31 July 2017.

Start Notices

• Employers are required to lodge a Start Notice for all workers performing eligible building and construction work within seven days of the worker commencing employment.
• Penalties may apply if not lodged within seven days.
• Start Notices must be completed for all workers even if they are already registered with the Corporation.
• Before completing a Start Notice you should check if the worker has a Long Service Corporation registration number and if so include their registration number on the notice.
• A Start Notice is required for all newly employed workers, even if they only work for one day.

End Notices

• End Notices are required for all workers, even if they only work for one day.
• A notice must be completed for each worker you terminate and lodged within seven days on the worker’s employment being terminated.
• Penalties may apply if not lodged within seven days.

To complete the above Notices, the following options are available:

1. Internet – Visit the Online Services Centre and follow the instructions.
2. Complete and mail a paper Start/End Notice. Paper forms are available by calling the Helpline on 13 14 41.

Records

Employers must retain the following records for 6 years:

1. Time sheets or attendance records showing the attendance at work of the worker
2. Books and records containing the following:

o Name and address of worker
o Registration number of the worker
o Kind of work performed by the worker
o Name of the award if the worker is paid under an award
o Total number of days of building and construction work performed by the worker each week.

How can we help?

If you have any questions, require assistance or would like further clarification please feel free to contact Kim Edwards on (02) 9984 7774 in order to discuss your particular circumstances in more detail.