Who must register for VIC portable LSL (construction)?

Construction industry employers in VIC must register with CoINVEST and pay quarterly LSL levies.

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.

Applies when the business has employees and industry: Construction (residential & commercial).

How the regulator frames it: 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.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: depends on size or structure; 34 of 35: no).

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "depends on size or structure".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19) · Industry: Construction (residential & commercial)
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires employees and industry: Construction (residential & commercial)

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.

Frequency

Quarterly

Evidence to keep

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.

Status

Current

Priority

High

Maximum 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)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• Pay long service leave under the LSL Act 2018 (Vic): VIC employees accrue LSL after 7 years continuous service — paid on entitlement or termination.

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• Hold a Construction Induction (White Card) before construction site work: applies to 100% of the same businesses (35.0× the overall rate)
• Building work — comply with National Construction Code (NCC): applies to 100% of the same businesses (35.0× the overall rate)
• Hold current QBCC licence for QLD building work: applies to 100% of the same businesses (35.0× the overall rate)
• Maintain VBA registration as builder / draftsperson / surveyor: applies to 100% of the same businesses (35.0× the overall rate)
• Asbestos management — workplace + dwelling rules (state): applies to 100% of the same businesses (17.5× the overall rate)
• Hold a High Risk Work Licence for HRWL classes: applies to 100% of the same businesses (17.5× the overall rate)

Rules Mate tracks 5 published obligations tagged "lsl", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 3 of those apply outright. This obligation is rated high priority, and is a quarterly obligation.

Free tools that help with this obligation:

• Compliance calendar builder