Construction industry long service leave review released

  • Independent review into the Construction Industry Portable Paid Long Service Leave Act 1985 released
  • Review focused on ensuring portable long service leave arrangements continue to benefit construction workers and employers
  • Priority amendments to the Act will be introduced to Parliament later this year
  • Further consultation on review recommendations will occur prior to further legislative reform being progressed

An independent review report into the Construction Industry Portable Paid Long Service Leave Act 1985 (The Act) has been released.

The Act was introduced by the then-Labor Government to allow construction workers to carry long service leave benefits from employer to employer.

The review, conducted by KPMG, found the Act has been historically effective in providing benefits for the construction workforce, however, developments in Western Australia’s industrial relations environment means the Act requires amendment to reflect the modern construction workforce.

The review made 14 findings and recommendations for legislative reform, covering core themes of coverage and eligibility under the Act, treatment of benefits and entitlements, as well as compliance, regulatory and administrative matters.

Later this year, priority amendments to the Act will be introduced to Parliament, including two review recommendations to amend the Act to accommodate construction work on ships and to allow early access to entitlements for workers due to permanent injury or disablement, terminal illness, or death. Additional priority amendments include allowing days of service whilst stood down and while receiving workers compensation, and improving the effective and efficient operation of the Board.

KPMG has been engaged to carry out additional stakeholder consultation on the remaining recommendations, prior to further legislative reform being progressed. KPMG will then provide further advice to Government on the final recommendations.

MyLeave is the statutory authority established to carry out the administration of the Act. The Review report and stakeholder submissions can be found on the MyLeave website at www.myleave.wa.gov.au.

Comments attributed to Industrial Relations Minister Simone McGurk:

“The Construction Industry Portable Paid Long Service Leave Act is nearly four decades old, and the review ensures the Act remains fit-for-purpose for the modern construction industry.

“After more than 37 years of the Act and nearly $600 million paid in benefits to workers, the review has reinforced the importance of portable long service leave in the construction industry and its workforce through attraction, retention, and recognition of workers’ loyalty.

“The Cook Government will introduce priority amendments to the Act later this year and will consider further legislative reform based on the final recommendations made by KPMG following additional industry consultation.

“Importantly, the amendments relating to construction work on ships and allowing days of service whilst stood down will deliver on 2021 election commitments.”

/Public Release. View in full here.