Construction Industry Long Service Leave Act 1987

Subject to this Act, a construction worker's entitlement to long service leave, or payment on account of long service leave, is determined according to his or her aggregate effective service entitlement.

A person will be credited with one day of effective service—

for each day that he or she works as a construction worker;

for each day of a period of allowable absence, (and the aggregate of those days of effective service will be the worker's aggregate effective service entitlement).

However, a person cannot be credited with more than five days of effective service in any week (and accordingly cannot be credited with more than 260 days of effective service in a financial year).

Where—

a construction worker who has an effective service entitlement of less than 2 600 days is dismissed from employment as a construction worker; and

the Board is satisfied, after affording the former construction worker and his or her former employer an opportunity to be heard, that the construction worker was properly dismissed on the ground of serious and wilful misconduct, any effective service entitlement of the worker accrued in that employment is cancelled.

Where—

a construction worker has an effective service entitlement of less than 1 820 days; and

the construction worker has not previously had an effective service entitlement of 2 600 days or more; and

the construction worker ceases to be employed as such for a continuous period that is equal to, or longer than, the prescribed period for some reason other than physical or mental disability and no right to preservation of the effective service entitlement arises under this

Where a person takes long service leave, or receives a payment on account of long service leave, the person's effective service entitlement is reduced accordingly.