Joining the long service payments scheme

Any worker who performs eligible building and construction work in the building and construction industry can register.

The building and construction industry is the carrying out of construction, reconstruction, renovation, alteration, demolition or maintenance or repairs of or to buildings, etc.  The COVERAGE INDEX summarises the types of building and construction work covered by the scheme.

Building and construction work is the carrying out of work for which a rate of pay is fixed by a PRESCRIBED AWARD. The awards are listed in the Regulations to the Building and Construction Industry Long Service Payments Act 1986.

Employees

Workers who are employees (including casuals) should be registered by their employers. They will first need to determine if they are an employee of the business, or a contractor by using the available tool on the www.ato.gov.au website or visit www.fairwork.gov.au for more information.

For examples of the differences between Employees and Contractors click here.

Employers have a legal obligation to record service for all employees who perform eligible building and construction work in New South Wales within (7) days of commencing. Penalties may apply if not lodged within this timeframe.

Working directors

Company directors who are performing eligible building and construction work can join the scheme.  They have to work 'on tools' or be directly supervising eligible building work for a majority of their working day.

Apprentices

Apprentices are eligible to be registered as soon as they start working in the building and construction industry.  Note: Workers employed as labourers or trades assistants before starting their apprenticeship are also eligible to have service recorded for this time.

Apprentices who are undertaking their apprenticeship with a government organisation or a local council are not eligible to register.

Contractors

Contractors who perform building and construction work are eligible to register with the Corporation. They will first need to determine if they are an employee of the business, or a contractor by using the available tool on the www.ato.gov.au website or visit www.fairwork.gov.au for more information. If you are a partner in a partnership, a trustee or a working director, you may also be an employee or contractor. Read the information sheet Long Service Benefit for Contractors.

How to register

To register with the scheme, call the Helpline on 13 14 41.

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