The Construction Industry Long Service Leave and Benefits Act (the Act) commenced on 1 July 2005, enabling building and construction industry workers in the Northern Territory to benefit from a portable long service leave scheme known as NT Build.
The object of the Act is to provide for long service leave and long service benefits for construction workers through a Scheme that:
- recognises the particular circumstances of the construction industry and construction workers in the Northern Territory;
- allows, through intergovernmental agreements –
- credits accrued under the NT Build Scheme to be recognised by a similar scheme of another state or territory; and
- credits that were accrued under such a similar scheme to be recognised by the NT Build Scheme; and
- is funded primarily by a levy imposed on eligible construction work carried out in the Northern Territory.
The Act underwent various amendments in 2009 and 2015.
Click here to access a consolidated version of the Act (incorporating all amendments).
The Act requires a number of matters to be prescribed in Regulations. Regulations have been made by the Administrator covering matters such as:
- imposition of levy;
- amount of levy; and
- payment of levy by instalments.
Click here to access a consolidated version of the Construction Industry Long Service Leave and Benefits Regulations.
A history of the introduction of various Regulations and subsequent amendments to the same is summarised below.
- Construction Industry Long Service Leave and Benefits Amendment Regulations 2014
Regulations made on 7 April 2014 (Gazetted 7 April 2014) amending the levy rate amount leviable threshold – effecting the imposition of a reduction in the levy rate from 0.3% to 0.1% and an increase in the leviable threshold from $200,000 to $1 million, effective from 7 April 2014.
- Construction Industry Long Service Leave and Benefits Amendment Regulations 2012
Regulations made on 31 July 2012 (Gazetted 3 August 2012) amending the levy amount and streamlining the transitional provisions effecting the imposition of a reduction in the levy rate from 0.4% to 0.3%, effective from 1 April 2012.
- Construction Industry Long Service Leave and Benefits Legislation Amendment Regulations 2011
Regulations made on 7 June 2011 (Gazetted 15 June 2011) amending the previously imposed temporary reduction in the levy amount by retaining the levy rate at the 0.4% on an ongoing basis after 30 June 2011.
Under the transitional provisions contained in these Regulations the original levy rate of 0.5% still applied to any construction work that commenced on or after 1 July 2005 and before 1 July 2009, regardless of completion date.
- Construction Industry Long Service Leave and Benefits Amendment Regulations 2009
Regulations made on 24 June 2009 (Gazetted 26 June 2009) amending the levy amount and introducing transitional provisions affecting the imposition of a two year temporary reduction in the levy rate from 0.5% to 0.4% from 1 July 2009 until 30 June 2011.
- Construction Industry Long Service Leave and Benefits Regulations 2005
Regulations made on 1 July 2005 introducing a levy rate of 0.5%
The Act requires a number of matters to be determined by the governing NT Build Board. A total of fourteen (14) Determinations were made by the Board and cover matters such as:
- construction worker and employer registers;
- application for registration;
- qualifying service;
- employee and contractor rates of pay;
- reporting and record keeping obligations;
- transfer of credits;
- recognition of previous service; and
- recognition of qualifying service.
Click here to access a consolidated version of the Construction Industry Long Service Leave and Benefits Determinations.
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 2004.
Click here to access the definition of “Construction work”.
For more information on the definition of construction work, click here to access the “What is construction work” information sheet for levy payers, or phone NT Build on 1300 795 855.