Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 4

PART 2 CONSTRUCTION INDUSTRY LONG SERVICE LEAVE FUND

Long service leave charges

4. Long service leave charges



(1) An employer must pay to the trustee a long service leave charge in respect
of every worker employed by the employer to perform construction work in the
construction industry.

(1A) A working sub-contractor (who has made an election referred to in
subsection (4)) must pay to the trustee a long service leave charge in respect
of construction work performed by the working sub-contractor in the
construction industry.

(2) The date by which a long service leave charge is payable, the period in
respect of which it is payable, the amount of charge payable and the method by
which that amount is to be calculated are as determined from time to time by
the trustee in accordance with the trust deed.

(3) The long service leave charge imposed on an employer in respect of a
worker must not be more than 3% of the ordinary pay of the worker.

(4) The trust deed must permit a working sub-contractor to elect to pay a long
service leave charge in respect of construction work performed by the working
sub-contractor in the construction industry and to revoke that election at any
time.

(5) The trust deed may provide for long service leave charges to be payable at
different rates in respect of-

   (a)  workers and working sub-contractors;

   (b)  different classes of construction work performed by workers or working
        sub-contractors in the construction industry.