Construction Industry Long Service Leave: What You Need to Know

By
R J Sanderson & Associates Pty Ltd
Published on 
September 5, 2025
2 mins
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If your business undertakes construction work in Victoria, you may be required to comply with the Construction Industry Long Service Leave Act 1997 (Vic).

This law sets out the rules for portable long service leave, ensuring that workers can accrue entitlements even if they change employers.

What is the Construction Industry Long Service Leave Act 1997 (Vic)?

The Act requires employers in construction and allied industries (plumbing, electrical, flooring, landscaping, shopfitting, civil works, and more) to:

  • Register with LeavePlus (the regulator)
  • Lodge quarterly returns with worker details and wages
  • Pay a 2.7% charge on ordinary wages (this is not deducted from employees’ pay)
  • Keep accurate records of employment, hours, and pay

Failing to comply can result in penalties, fines, or prosecution.

Are contractors entitled to long service leave in Victoria?

Yes. Contractors who are deemed “workers” under common law, including casuals, apprentices, and some subcontractors are covered. Sole traders can also register and make voluntary contributions. After 7 years of continuous service (or contributions), they may be eligible for a long service leave entitlement.

Is long service leave 5 or 7 years in Victoria?

For the construction industry scheme, workers are generally entitled to long service leave after 7 years of continuous service or contributions. Some standard employment arrangements in Victoria provide accrual from 7 years as well, though entitlements vary by award or industry.

Do you get taxed on long service leave?

Yes. Long service leave payments are considered taxable income. The taxation treatment may depend on whether the leave is taken during employment or paid out on termination. Employees should check with their accountant for individual advice.

Exclusive Amnesty Offer for RJS Clients

R J Sanderson & Associates has partnered with LeavePlus to secure a special Statutory Interest Amnesty for clients. This waiver of penalty interest on unpaid charges is available from 1 September 2025 to 30 June 2026, provided eligibility criteria are met.

Your business may qualify if you are an RJS client and:

  • Have had no past compliance action from LeavePlus
  • Are not currently or previously registered with LeavePlus
  • Have no related entities registered
  • Provide backdated return information within 28 days of registering
  • Pay any owed charges within 14 days of invoice

Free Webinars: Learn More About Your Obligations

Join RJS Managing Director Roy Sanderson and representatives from LeavePlus for a free webinar to understand your obligations and how to take advantage of this amnesty

  • Thursday 30 October 2025, 12pm
  • Monday 10 November 2025, 4pm

These sessions will cover the scheme, obligations, and practical compliance steps — with time for Q&A.

Act Now to Stay Compliant

Don’t miss this chance to bring your business into compliance while avoiding penalty interest.

  • 📞 Call 130027 28 29
  • 📧 Email info@rjsanderson.com.au
  • 🌐 Speak to your RJS accountant today

This article is published by R J Sanderson and Associates Pty Ltd ABN 71 060 299 783. This article contains general information only and is not intended to represent specific personal advice (Accounting, taxation, financial or credit). No individual personal circumstances have been taken into consideration for the preparation of this material. It is recommended that you obtain your own personal professional advice before making any financial or business decision.

R J Sanderson & Associates Pty Ltd
Last modifed
September 8, 2025

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