Register for VIC portable LSL (construction)
Construction industry employers in VIC must register with CoINVEST and pay quarterly LSL levies.
Who must comply
Employers in Victoria who employ workers to perform construction work in the construction industry, principal contractors engaging other employers or working sub-contractors for that work, working sub-contractors who elect to join, and the construction workers themselves (who must be on the register of workers).
What triggers it
Employing workers, or engaging contractors as a principal contractor, to perform construction work in the construction industry in Victoria for more than 5 days in a month.
When due
Registration before construction work exceeds 5 days in any month; long service leave charges and worker information by the dates the trustee sets under the trust deed; responses to a trustee information notice by the time stated, which must be at least 28 days after the notice.
Evidence required
Registration as an employer with the trustee; records of workers employed on construction work, kept in accordance with the trust deed and retained for at least 7 years after the last entry; returns of worker information sent to the trustee; long service leave charge payment records.
Max penalty
Operating while unregistered for more than 5 days in a month (s 8), failing to keep records or send information to the trustee (s 9(1)), false or misleading records (s 9(2)) and failing to comply with a trustee information notice (s 10(3)) are each offences carrying 20 penalty units. Unpaid charges are recoverable as a debt with interest at the rate fixed under the Penalty Interest Rates Act 1983 (s 5)
Summary
The Construction Industry Long Service Leave Act 1997 (Vic) continues Victoria's portable long service leave scheme for the construction industry, administered under a trust deed by a company acting as trustee of the Construction Industry Long Service Leave Fund (the scheme known as CoINVEST). Every worker is entitled to long service leave, and to be paid benefits from the fund, for continuous service in the construction industry, so service follows the worker between employers. In return, an employer must pay the trustee a long service leave charge for every worker it employs to perform construction work; the charge may not exceed 3% of the worker's ordinary pay, and its rate, period and due date are set by the trustee under the trust deed. Working sub-contractors may elect to pay the charge for their own work. Employers, sub-contractors and workers must be on the trustee's registers, and employers must keep and send worker records. The Act prohibits contracting out.
Source legislation
Industries
Topics
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Reading
Frequently asked questions
- Who must comply with VIC portable LSL (construction)?
- Employers in Victoria who employ workers to perform construction work in the construction industry, principal contractors engaging other employers or working sub-contractors for that work, working sub-contractors who elect to join, and the construction workers themselves (who must be on the register of workers).
- What triggers VIC portable LSL (construction)?
- Employing workers, or engaging contractors as a principal contractor, to perform construction work in the construction industry in Victoria for more than 5 days in a month.
- When is VIC portable LSL (construction) due?
- Registration before construction work exceeds 5 days in any month; long service leave charges and worker information by the dates the trustee sets under the trust deed; responses to a trustee information notice by the time stated, which must be at least 28 days after the notice.
- What is the maximum penalty for VIC portable LSL (construction)?
- Operating while unregistered for more than 5 days in a month (s 8), failing to keep records or send information to the trustee (s 9(1)), false or misleading records (s 9(2)) and failing to comply with a trustee information notice (s 10(3)) are each offences carrying 20 penalty units. Unpaid charges are recoverable as a debt with interest at the rate fixed under the Penalty Interest Rates Act 1983 (s 5)
- What evidence is required for VIC portable LSL (construction)?
- Registration as an employer with the trustee; records of workers employed on construction work, kept in accordance with the trust deed and retained for at least 7 years after the last entry; returns of worker information sent to the trustee; long service leave charge payment records.
Source: https://www.legislation.vic.gov.au/in-force/acts/construction-industry-long-service-leave-act-1997. Rules Mate is not a law firm. Always verify against the live regulator source before acting.