General overview – portable long service leave
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. Registered workers can therefore work for any number of employers in the construction industry and continue to accumulate long service leave benefits.
Key features include:
- Statute based Scheme, established under the Construction Industry Long Service Leave and Benefits Act 2005.
- Governed by a local Board comprising independent, worker and industry representatives, appointed to oversee the management of the Scheme, through a local office.
- Portable long service leave coverage consistent with interstate arrangements. The Northern Territory Government is party to a reciprocal arrangements agreement between all states and territories which means workers can combine construction industry service from different states and territories when making a claim.
- Funded through a Ministerially determined levy on eligible Northern Territory construction projects of at least $1 million in value, excluding single detached dwellings and related private garages, carports and sheds.
- Maintenance of a register recording the number of service days worked by each registered worker within the Northern Territory construction industry, based on bi-annual reporting of service days by employers of registered workers.
Definition of construction work
For the purpose of the Scheme, construction work includes commercial, domestic, industrial and civil construction, and covers reclamation, earthmoving, landscaping, repair, maintenance, extension and demolition work.
The Construction Industry Long Service Leave and Benefits Act 2005 adopts the following definition of “Construction work” provided by section 6 of the Construction Contracts (Security of Payments) Act:
6 (1) Construction work is any of the following work on a site in the Territory:
(a) reclaiming land, draining land or preventing the subsidence, movement or erosion of land;
(b) installing, altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing any works, apparatus, fittings, machinery or plant associated with any work mentioned in paragraph (a);
(c) constructing the whole or a part of any civil works, or a building or structure, that forms or will form (whether permanently or not and whether or not in the Territory), part of land or the seabed (whether above or below it);
(d) fixing or installing on or in anything mentioned in paragraph (c) any fittings forming, or to form, (whether or not permanently) part of the thing, including:
(i) fittings for electricity, gas, water, fuel oil, air, sanitation, irrigation, telecommunications, air-conditioning, heating, ventilation, fire protection, cleaning, the security of the thing or the safety of people; and
(ii) lifts, escalators, insulation, furniture or furnishings;
(e) altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing anything mentioned in paragraph (c) or any fittings described in paragraph (d) that form part of the thing;
(f) any work that is preparatory to, necessary for, an integral part of or for the completion of any work mentioned in paragraph (a), (b), (c), (d) or (e), including:
(i) site or earthworks, excavating, earthmoving, tunnelling or boring; and
(ii) laying foundations; and
(iii) erecting, maintaining or dismantling temporary works, a temporary building or a temporary structure, including a crane or other lifting equipment and scaffolding; and
(iv) cleaning, painting, decorating or treating any surface; and
(v) site restoration or landscaping;
(g) any work that is prescribed by the Regulations to be construction work for this Act.
6 (2) However, construction work does not include any of the following work on a site in the Territory:
(a) drilling for the purposes of discovering or extracting oil or natural gas, whether or not on land;
(b)constructing a shaft, pit or quarry, or drilling, for the purposes of discovering or extracting any mineral bearing or other substance;
(d) work prescribed by the Regulations not to be construction work for this Act.
6 (3) In addition, construction work does not include constructing the whole or part of any watercraft.