An important notice was sent out earlier this week, via Master Builders Association, from the NSW Long Service Corporation, titled “WORKERS LONG SERVICE LEAVE RECORDS TO BE CANCELLED”.

It means exactly what the title says and workers affected have one month to take action on it. Here’s what this legislation could mean for you and your work mates.


What’s this all about?

Registered workers (in the building and construction industry or not) who do not get service credits for four or more consecutive years will have their Long Service registration cancelled. Workers have until midnight on 29 April 2016 to lodge an appeal against a cancellation.

Workers who will be affected 

Construction workers, under the Building and Construction Industry Long Service Payments Act, are employees who spend the majority of their time performing eligible building and construction work for an employer in the building and construction industry.

Those who manage others in the industry and spend the greater part of their time in building and construction work are also covered by the Act. This includes full/part time and casual employees. Building and construction sole traders are also covered.

How to appeal

Here’s what we found on NSW Long Service Corporation regarding appeals:

“If you are registered in the scheme, but haven’t recorded any service credits for four consecutive years, your registration may be cancelled or suspended.

Before this occurs, in each case the worker will be notified by the Corporation of action being taken to cancel or suspend their registration.

Workers in this situation have 42 days from notification to appeal their cancellation to the independent Building and Construction Industry Long Service Payments Committee (Industry Committee)”.

Exemptions 

Registered workers who are not able to record service in the scheme for special reasons may apply for “service preservation days” which enables them to extend the period before cancellation or suspension action is taken by the Corporation in relation to their registration.

The special reasons include:

  • Unable to work due to pregnancy
  • Caring for someone and in receipt of a carer’s payment
  • Performing building and construction work while employed by a government authority or local council under an arrangement where they are not entitled to accrue long service benefits for that period

Applications for such special service preservation days must be supported in accordance with the requirements on the Application Form.

Here’s what MBA shared:

WORKERS LONG SERVICE LEAVE RECORDS TO BE CANCELLED 

Members are advised that the NSW Long Service Corporation are in the process of cancelling the registrations of workers who have not recorded service of at least 4 years and who have less than 5 years recorded service in NSW.

The NSW Long Service Corporation are currently notifying approximately 19,300 affected workers.

These workers will have until midnight on 29 April 2016 to lodge an appeal against the cancellation of their registration.

Members are also advised to ensure that the NSW Long Service Corporation has the correct contact details of your business and your workers.

Should members or their workers have any further enquiries regarding this matter, please do not hesitate to contact the NSW Long Service Corporation on 13 14 41 or www.longservice.nsw.gov.au