5 April 2024

Have your say on amendments to the Construction Industry Long Service Leave Act

The South Australian Government is inviting feedback from stakeholders on the draft Construction Industry Long Service Leave (Miscellaneous) Amendment Bill 2024.

At the 2022 State Election, the Government committed to consult with workers, unions, and businesses to expand access to portable long service leave in South Australia – modelled on the existing Construction Industry Long Service Leave Act 1987.

The establishment of a new portable long service for the community service sector provided an opportunity to consult with key construction industry stakeholders and consider necessary updates and modernisations of the Act, to ensure it is operating as effectively as possible before being used as a template for other industry sectors.

Following a period of initial stakeholder engagement, a consultation draft of the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill 2024 (the Bill) is now open for feedback. An accompanying discussion paper has also been prepared outlining key features of the Bill.

The Bill has been developed in close consultation with the Construction Industry Long Service Leave Board to improve and strengthen the legislation which supports the existing construction industry portable long service leave scheme.

The amendments simplify the coverage provisions, providing greater clarity for both industry and administrators on the application of the scheme to the civil construction sector, and include appropriate transitional arrangements for new employers entering the scheme.

A number of technical amendments have been made to reflect modern practice including clarifying certain terms, removing (and where appropriate replacing) outdated references and provisions, and providing greater flexibility in the use of leave.

The Government’s preliminary intention is that the Bill will be introduced to Parliament in the first half of 2024.

The draft Bill will be available for a period of public consultation for around four weeks. Should you wish to provide comment on the draft Bill, please do so in writing and email to SWSAPolicy@sa.gov.au or send to:

Portable Long Service Leave Discussion

SafeWork SA

GPO Box 465

Adelaide, SA 5001

Please ensure your comments are provided before Friday 3 May 2024.  

Feedback provided during the consultation period will be used to shape the final Bill prior to introduction into Parliament.

Further links:

Construction Industry Long Service Leave (Miscellaneous) Amendment Bill 2024

Discussion Paper