Is your business covered by portable long service leave in Victoria?
In Victoria, workers in the community services, contract cleaning and security industries have the benefit of the Portable Long Service Benefits Scheme. Under the Scheme, covered employers are required to register with the Victorian Portable Long Service Leave Authority. Employees who work at registered employers across their career can continue accruing long service leave (LSL) even when they move between employers, allowing workers to amass LSL based on the time they’ve spent in the industry. Construction workers are covered by a distinct scheme, known as LeavePlus.
How does Victoria’s scheme work?
Entities that employ eligible staff must pay a quarterly levy to the Authority. This levy goes towards covering the cost of a worker’s future long service leave. Under the Scheme, once a worker has completed 7 years of service within the construction, community services, contract cleaning or security industry, they become eligible to access their accrued LSL.
The levy that an employer must pay is calculated based on the quarterly return that employers submit to the Authority. Each return must include the following details about covered employees:
- hours worked;
- ordinary pay received;
- records of any LSL that a worker uses in the relevant quarter; and
- whether any covered employees have left the employer’s business.
Are you covered?
- Construction employers: Portable long service leave is available to workers in the building, electrical, metal trades and renovation sectors of the construction industry.
- Community services employers: Community services fall within two categories: (1) Not-for-profit employers whose employees are engaged to perform community service work. (2) For-profit employers with at least one employee who provides community services to a person or persons with a disability. Work such as disability care, employment support, social work, youth services, family violence prevention and refugee support services are community services.
- Contract cleaning employers: Contract cleaning involves entities that employ workers to perform cleaning work for a third party. Self-employed cleaners who undertake cleaning services for other organisations are also eligible for portable long service leave. Work such as commercial waste removal, cleaning of public transport and gardening do not fall within the banner of contract cleaning.
- Security employers: Employers whose staff undertake security work such as crowd management, bodyguarding and investigative work are eligible employers under the Scheme. Self-employed security workers who provide their services to another organisation are also entitled to portable LSL.
Excluded employers
APS, VPS, local council and statutory employers are not required to register with the Scheme. As a rule of thumb, aged-care, ambulance and pharmaceutical services are also exempt. Find more details about the categories of excluded employers in the Long Service Benefits Portability Act 2018 (Vic).
What about outside of Victoria?
Each Australian state and territory has a portable long service leave scheme. The table below provides a summary of the industries that are eligible for each state or territory’s portable long service leave scheme.
Industry | ACT | NSW | NT | Qld | SA | Tas | WA |
---|---|---|---|---|---|---|---|
Building & construction | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Community services | Yes | Commencing 1 July 2025 | Commencing on or before 16 March 2026 | Yes | Yes | No | No |
Contract cleaning | Yes | Yes | No | Yes | No | No | No |
Security services | Yes | No | No | No | No | No | No |
Hospitality | Yes | No | No | No | No | No | No |
Hairdressing and beauty | Yes | No | No | No | No | No | No |
Get the latest employment law news, legal updates, case law and practical advice from our experts sent straight to your inbox every week.