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Changes to Portable Long Service Leave

Changes to Portable Long Service Leave 1024 768 MJT Law - Brisbane Employment Lawyers

As of 1 July 2014 there were changes to the building and construction industry’s portable long service leave legislation.  The changes affect the long service levy rates which are now reduced from 0.3% to 0.25% of the total cost of building and construction work for projects where the total cost of work is up to $1 billion dollars.

There is a tiered levy rate for projects that are over $1 billion dollars but below $5 billion, any work over $5 billion will not attract the levy.


The amendments exclude ‘resource operation work’ which is defined as:

  • Mining under a mining tenement.
  • Separating, producing, gathering, storing, processing, refining or smelting a substance that is the product of mining, whether or not under a mining tenement.
  • Treatment operations undertaken in relation to a substance that is the product of mining, whether or not under a mining tenement.

Under the definition of ‘resource operation work’ also includes activities ancillary to, or undertaken in connection with, a resources operation.

A person may be exempt from paying the levy, or part of the levy, if the person their workers or contractors are considered to be not substantially engaged in the building and construction Industry.

There are transitional provisions that will apply to construction projects which will not apply to works that cost over $5 billion.

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