{"id":"construction-industry-long-service-leave-and-benefits-determinations-2005","name":"CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS DETERMINATIONS 2005","slug":"construction-industry-long-service-leave-and-benefits-determinations-2005","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174519,"registerId":"nt-construction-industry-long-service-leave-and-benefits-determinations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS DETERMINATIONS 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nCONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS\nDETERMINATIONS 2005\nAs in force at 24 June 2015\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Construction Workers Register ........................................................ 1\n3 Application for registration ............................................................... 1\n4 Qualifying service ............................................................................ 2\n5 Employee pay rate and contractor pay rate ..................................... 3\n6 Construction Employers Register .................................................... 3\n7 Obligations to report ........................................................................ 4\n8 Obligations to keep records ............................................................. 5\n9 Transfer of credits to Scheme.......................................................... 5\n10 Transfer of credits out of Scheme.................................................... 6\n11 Recognition of previous service on employer's election .................. 6\n12 Recognition of previous service on employee's election.................. 6\n13 Amount payable by employer for recognition of previous\nservice ............................................................................................. 7\n14 Recognition of qualifying service for Long Service Leave\nAct 1981 .......................................................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 24 June 2015\n____________________\nCONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS\nDETERMINATIONS 2005\nDeterminations under the Construction Industry Long Service Leave and\nBenefits Act 2005\n1 Citation\nThese determinations may be cited as the Construction Industry\nLong Service Leave and Benefits Determinations 2005.\n2 Construction Workers Register\nFor section 9(2)(c) of the Act, the Construction Workers Register\nmust include the following information about each registered\nworker:\n(a) the worker's registration number allocated by the Board;\n(b) the worker's postal address;\n(c) whether the worker is registered as an employee, contractor,\nor both;\n(d) the type of construction work carried out by the worker;\n(e) the worker's date of birth;\n(f) the registration number of the registered worker allocated by\nthe reciprocal authority for each reciprocal scheme under\nwhich the worker is also registered.\n3 Application for registration\n(1) Construction work in the nature of any of the following is specified\nfor section 10(1)(b)(ii) of the Act:\n(a) building trades or building trades labouring;\n(b) bituminous surfacing;\n(c) metal trades;\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 2\n(d) electrical trades;\n(e) plumbing trades;\n(f) plant operation;\n(g) work relating to civil engineering.\n(2) Construction work carried out by a person is excluded for\nsection 10(1)(c)(ii) of the Act if:\n(a) the work involves the fabrication of components or\nmanufacture of any other materials for installation; and\n(b) on average, the person spends less than 50% of his or her\nwork time at the construction site for the work.\n(3) Construction work carried out by a person is excluded for\nsection 10(1)(c)(ii) of the Act if the person is primarily employed or\nengaged to transport people or goods to or from the construction\nsite for the work.\n(3A) A person or body who does not, as part of the usual business of the\nperson or body, ordinarily carry out or offer to carry out construction\nwork for reward is specified for section 10(1)(d)(iii) of the Act.\n(4) For this clause, the construction site for construction work is:\n(a) if the work involves the fabrication of components or the\nmanufacture of any other materials for installation – the\nlocation at which the components or materials are finally\ninstalled or used; or\n(b) in any other case – the location of any building, structure or\nother construction (whether completed or not) in relation to\nwhich the work is carried out.\n4 Qualifying service\n(1) Section 15(3) of the Act has effect subject to this clause.\n(2) Subject to section 15(2) of the Act, a registered worker is entitled to\nbe credited with a maximum of 6 days of qualifying service per\nweek.\n(3) For section 15(3)(a) of the Act, a registered worker is entitled to be\ncredited with one day of qualifying service if the worker has carried\nout at least 6 hours of construction work during any work shift.\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 3\n5 Employee pay rate and contractor pay rate\n(1) For section 19(4)(b) of the Act, the employee pay rate is a rate\ndecided by the Board in writing, having regard to the average\nweekly ordinary time earnings for the construction sector published\nby the Australian Bureau of Statistics from time to time.\n(2) For section 20(6)(b) of the Act, the contractor pay rate is a rate\ndecided by the Board in writing, having regard to the average\nweekly ordinary time earnings for the construction sector published\nby the Australian Bureau of Statistics from time to time.\n(3) This clause does not prevent the Board from changing the rates at\nany time.\n6 Construction Employers Register\n(1) For section 25(2)(b) of the Act, the Construction Employers\nRegister must include the following information about each\nregistered employer:\n(a) the registration number of the employer allocated by the\nBoard;\n(b) the name of the employer, including:\n(i) if the employer is a partnership – the name of each\npartner; and\n(ii) any trading name used by the employer and each\npartner referred to in subparagraph (i);\n(c) the postal address, business address and telephone number\nof the employer;\n(d) the name and contact details of a contact person for the\nemployer if the employer is not a natural person;\n(e) the type of construction work carried out by the employer;\n(f) when the employer first employed construction workers in the\nTerritory;\n(g) the registration number of the employer allocated by the\nreciprocal authority for each reciprocal scheme under which\nthe employer is also registered.\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 4\n(2) For section 25(2)(c) of the Act, the Construction Employers\nRegister must include the following information about each\nregistered employee employed by a registered employer:\n(a) the employee's registration number allocated by the Board;\n(b) the employee's full name;\n(c) the employee's postal address;\n(d) the employee's date of birth;\n(e) the period or periods during which the employee is employed\nby the employer;\n(f) the type of construction work carried out by the employee\nwhile being employed by the employer.\n7 Obligations to report\nFor section 28(1)(c) of the Act, a registered employer must include\nin the report for a reporting period the following information:\n(a) if a registered employee ceased to be employed by the\nemployer during that period – the date of that cessation;\n(b) if a registered employee started to be employed by the\nemployer during that period:\n(i) the employee's registration number allocated by the\nBoard; and\n(ii) the employee's full name; and\n(iii) the employee's postal address; and\n(iv) the employee's date of birth; and\n(v) when the employee started to be employed by the\nemployer during that period; and\n(vi) the type of construction work carried out by the\nemployee while being employed by the employer during\nthat period.\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 5\n8 Obligations to keep records\n(1) For section 30(1) and (2) of the Act, a registered employer must\nprepare records of the following about each registered employee\nemployed by the employer during all or any part of a financial year:\n(a) the employee's full name;\n(b) the employee's postal address;\n(c) the employee's date of birth;\n(d) the period or periods during which the employee is employed\nby the employer during that year;\n(e) the type of construction work carried out by the employee\nwhile being employed by the employer during that year.\n(2) The employer must prepare the records within one month after the\nend of that year.\n(3) The employer must keep the records for a period of at least 5 years\nfrom the end of that year.\n9 Transfer of credits to Scheme\nFor section 87(3)(b)(i) of the Act, the previous service must be\nconverted into the following number of days of LSL credit (rounded\nto 3 decimal places):\n6.5 x ( part year days\nmaximum allowable days + full year days )\nwhere:\nfull year days means the number of full years of previous service.\nfull year of previous service means a year of previous service for\nwhich the worker was credited with the maximum allowable days\nunder the reciprocal scheme.\nmaximum allowable days means the maximum number of days of\nservice for a year that may be credited to the worker under the\nreciprocal scheme.\npart year days means the number of days of previous service that\ndo not form part of a full year of previous service.\nprevious service means so much of the previous service as\ncorresponds to the payment referred to in section 87(3)(a) of the\nAct.\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 6\n10 Transfer of credits out of Scheme\nFor section 88(2)(b) of the Act, the Registrar must deduct the\namount worked out as follows (rounded to 3 decimal places) from\nthe worker's LSL credits following the recognition of the worker's\nqualifying service:\n(qualifying service x 6.5)\n220\nwhere:\nqualifying service means the number of the days of the\nrecognised qualifying service referred to in section 88(2)(a) of the\nAct.\n11 Recognition of previous service on employer's election\nFor section 95(6)(b)(i) of the Act, the previous service must be\nconverted into the following number of days of LSL credit (rounded\nto 3 decimal places):\n(converted service x 6.5)\n220\nwhere:\nconverted service means the number of days of the previous\nservice referred to in section 95(1) of the Act, adjusted as follows:\n(a) the total days of service per week must not exceed 5;\n(b) the total days of service per year must not exceed 220.\n12 Recognition of previous service on employee's election\nFor section 96(4)(b)(i) of the Act, the previous service must be\nconverted into the following number of days of LSL credit (rounded\nto 3 decimal places):\n(converted service x 6.5)\n220\nwhere:\nconverted service means the number of days of the previous\nservice referred to in section 96(1) of the Act, adjusted as follows:\n(a) the total days of service per week must not exceed 5;\n(b) the total days of service per year must not exceed 220.\n\nConstruction Industry Long Service Leave and Benefits Determinations 2005 7\n13 Amount payable by employer for recognition of previous\nservice\nThe Registrar must decide the amount referred to in\nsection 95(3)(a) or 96(5)(a) of the Act on the basis of only the\nemployee's completed years of service under the Long Service\nLeave Act 1981.\n14 Recognition of qualifying service for Long Service Leave\nAct 1981\nFor section 97(3)(b)(ii) of the Act, the employee's LSL credits must\nbe adjusted on the basis that any qualifying service disregarded\nunder section 97(3)(b)(i) does not give rise to any LSL credit.\n\nENDNOTES\nConstruction Industry Long Service Leave and Benefits Determinations 2005 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConstruction Industry Long Service Leave and Benefits Determinations (SL No. 23,\n2005)\nNotified 1 July 2005\nCommenced 1 July 2005\nConstruction Industry Long Service Leave and Benefits Amendment Determinations\n2005 (SL No. 51, 2005)\nNotified 23 December 2005\nCommenced 23 December 2005\nConstruction Industry Long Service Leave and Benefits Amendment Determinations\n2015 (SL No. 12, 2015)\nNotified 24 June 2015\nCommenced 24 June 2015\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 13.\n4 LIST OF AMENDMENTS\ncl 3 amd No. 51, 2005, cl 3\ncl 9 amd No. 12, 2015, cl 3\ncl 10 amd No. 12, 2015, cl 4\ncl 11 amd No. 12, 2015, cl 5\ncl 12 amd No. 12, 2015, cl 6","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These determinations are implementing (operational) rules for the parent Act rather than substantive policy expansion. The amendments reflected in the reprint (2005 and 2015) are technical and formulaic updates — e.g. specifying registers, clarifying exclusions, fixing conversion formulas and rounding, and delegating rate-setting to the Board. They do not broaden the classes of persons covered in a way that substantially changes the Act's original purpose, but rather clarify how the Act is applied and how credits and payments are calculated (see cls. 2–14 and the endnotes listing amendments)."},"complexity_factors":["14 clauses setting operational rules","Multiple cross-references to sections of the parent Act (s.9, s.10, s.15, s.19, s.20, s.25, s.28, s.30, s.87–s.97) creating reliance on the Act for definitions and effect","Numeric conversion formulas with rounding to 3 decimal places in clauses 9–12 (use of factor 6.5/220)","Conditional exclusions and definitions (e.g. cl.3(2)–(3) exclusions, cl.3(4) construction-site definition)","Discretionary elements: Board may set and change pay rates at any time (cl.5(1)–(3))","Record-keeping and reporting timing and retention requirements (cl.8: prepare within one month after year end; keep 5 years)","Adjustments and caps applied to converted service (cl.11–12: weekly cap of 5 days; annual cap of 220 days)","Interplay between multiple actors (Board, Registrar, registered employers, reciprocal authorities) requiring operational coordination","Amendments recorded (2005 and 2015), indicating the instrument has been technically updated since first made"],"plain_english_summary":"**What this instrument does (mechanically):**\n\n- Sets out the operational details needed to run the Construction Industry Long Service Leave and Benefits Scheme in the Northern Territory. It does not create the scheme — it fills in how the scheme works in practice under the Construction Industry Long Service Leave and Benefits Act 2005 (these are the agency rules known as \"determinations\").\n\n- Requires what information must be kept about registered construction workers (the Construction Workers Register), including registration number, address, whether the person is an employee or contractor, type of work, date of birth and any reciprocal-scheme registration numbers (cl. 2).\n\n- Specifies what types of work require registration (e.g. building trades, metal trades, electrical, plumbing, plant operation, civil engineering) and sets out particular exclusions (for example, workers who mainly fabricate off-site and spend on average less than 50% of their time at the construction site, and people who mainly transport people or goods) (cl. 3). It also defines what counts as the \"construction site\" for these rules (cl. 3(4)).\n\n- Fixes how much qualifying service a registered worker may be credited with: up to 6 days per week, and at least one day counted for any shift in which the worker does at least 6 hours of construction work (cl. 4).\n\n- Gives the Board power to set the \"employee pay rate\" and the \"contractor pay rate\" (used in benefit calculations) by written decision, requiring the Board to have regard to the Australian Bureau of Statistics' average weekly ordinary-time earnings for the construction sector; the Board may change these rates at any time (cl. 5).\n\n- Prescribes the information the Construction Employers Register must hold about employers and about employees of registered employers (cl. 6).\n\n- Specifies what employers must report each reporting period (start and end dates of employment, worker details, and type of work) (cl. 7), and what records they must create, when (within one month after the end of the financial year), and how long to keep them (at least 5 years) (cl. 8).\n\n- Provides the exact mathematical formulas used to convert previous long-service credits from other (reciprocal) schemes into days of Long Service Leave (LSL) credit in this Scheme, and to convert recognised service into Scheme credits or deduct credits when transferring out. These conversions use the factor 6.5/220 and rounding to three decimal places (cl. 9–12).\n\n- Directs the Registrar how to compute the amount an employer must pay when previous service is recognised (based on the employee's completed years under the older Long Service Leave Act 1981) (cl. 13), and clarifies that certain disregarded service does not generate LSL credit when recognising service for the older Act (cl. 14).\n\n\n**Who this affects and why it matters:**\n\n- Workers in the construction sector who must register (employees and contractors): these rules determine whether work counts as qualifying service, how much service is credited per shift/week, and how credits move between schemes (cls. 2–5, 9–12).\n\n- Employers: they must register, keep specified records, make periodic reports, and may have to pay amounts when recognising a worker's previous service (cls. 6–8, 13).\n\n- The Board and the Registrar: the Board sets pay-rate parameters used in benefit calculations and maintains registers; the Registrar applies conversion formulas and decides amounts payable under recognition rules (cls. 5, 9–14).\n\n- Reciprocal authorities (other jurisdictions' schemes): the determinations require exchange of registration numbers and set the method for converting credits to and from those schemes (cls. 2, 9–12).\n\n\n**Why those mechanics matter for behaviour, costs and incentives:**\n\n- Who pays: employers bear most compliance costs (registering, reporting, record-keeping) and may pay amounts to recognise workers' previous service; the Board/Registrar control the numerical settings that determine benefit amounts (cl. 5, cl. 13). Workers gain portability and a defined method for converting earlier service into Scheme credits (cls. 9–12).\n\n- Bureaucratic discretion and predictability: the Board is given explicit discretion to set employee/contractor pay rates and to change them at any time (cl. 5). That discretion affects the dollar value of benefits and therefore employer liabilities.\n\n- Implementation and administrative burden: employers must collect and retain specific personal and employment data and report changes within reporting periods (cls. 6–8). This creates recurring administrative costs and record-keeping obligations (timelines and 5-year retention) that employers must manage.\n\n- Portability and conversion mechanics: the determinations set precise formulas (multiply by 6.5 and divide by 220, with 3-decimal rounding) to convert other-scheme credits into LSL days here, or to deduct credits when transferring out (cls. 9–12). Those fixed formulas create predictable outcomes but may produce small rounding differences and can change the effective credit value when moving between schemes.\n\n- Trade-offs and opportunity costs: the Scheme prioritises a single, administrable method of counting and converting service across jurisdictions. That reduces negotiation costs and uncertainty for transfers but can generate winners and losers depending on the old scheme's rules: some workers may get more credits on transfer, others less, because of the 6.5/220 conversion and caps (see cl. 11–12 where weekly and annual maxima are applied).\n\n- Risks and practical frictions: accurate transfer depends on reliable records from previous schemes and consistent use of reciprocal registration numbers (cl. 2, cls. 9–12). Enforcement relies on employer reporting and Registrar action; errors or missing data can delay or distort crediting.\n\n\n**Concrete examples of key effects:**\n\n- A worker who works a 7-hour shift will be credited with one day of qualifying service for that shift (cl. 4(3)).\n\n- When previous service from another jurisdiction is transferred in, the scheme converts the days using the formula (days x 6.5) / 220 and rounds to three decimal places (cl. 9). That is a transparent numeric rule: it fixes the conversion ratio between the other scheme's unit and this scheme's LSL days.\n\n- The Board may raise the employee pay rate used to calculate payout values if ABS average earnings increase — but employers cannot anticipate a fixed timetable because the Board may change rates at any time (cl. 5).\n\n\n**References to specific provisions:** see clauses 2–14 for the items above.\n\n\n**Net practical takeaway:** The Determinations take the broad duties and entitlements in the parent Act and convert them into concrete registers, reporting and record-keeping requirements, precise crediting rules for service (including formulas for transfers), and administrative powers (Board sets pay rates; Registrar applies conversions). This standardises how service is counted and moved in and out of the Scheme but imposes ongoing compliance and reporting costs on employers and operational discretion on the Board and Registrar."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument was originally made in 2005 but the commencement date recorded is 24 June 2015 — a gap of approximately 10 years — and the document is already on its second reprint (REPC094R2). This strongly suggests the scope or content has been amended or updated from the original 2005 determinations, though the precise nature of those changes cannot be confirmed from the metadata provided alone."},"complexity_factors":["Portable entitlements schemes involve multi-party administration (workers, employers, and a central fund/authority), adding operational complexity","The legislation interacts with a parent Act (referenced in section 57(3)(b)), requiring cross-referencing to understand the full legal framework","Determinations classified as Rules is an unusual legal mechanism that may cause confusion about the instrument's status and enforceability","Construction industry coverage rules can be complex — determining which workers and employers fall within scope often involves detailed definitions","Limited metadata provided (no gazette date, no 'made by' details, no regulation number) makes it difficult to trace the full legislative history","Multiple reprints (REPC094R2) suggest the legislation has been amended over time, meaning the current version may differ significantly from the original 2005 document"],"plain_english_summary":"These Determinations set rules for portable long service leave and related benefits for construction industry workers, ensuring leave credits follow workers across employers. They affect construction workers, their employers (who must make contributions to a central fund), and the administering government department. The rules give legal force to industry-wide entitlements so mobile workers retain long service benefits."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of operationalising the Construction Industry Long Service Leave and Benefits Act 2005. The amendments noted in the endnotes (2005 and 2015) appear to be technical adjustments to conversion formulas and coverage definitions rather than scope expansion."},"complexity_factors":["Mathematical conversion formulas in clauses 9-12 requiring careful parsing of defined variables (full year days, part year days, converted service)","Cross-references to the parent Act (Construction Industry Long Service Leave and Benefits Act 2005) in nearly every clause - cannot be understood standalone","Nested conditions in clause 3(2)-(3A) defining exclusions from construction work coverage","Dual registration systems (employee vs contractor) requiring separate pay rate calculations in clauses 5(1) and 5(2)","Interaction between this scheme and the old Long Service Leave Act 1981 (clause 13-14) creating transitional complexity","Specific record-keeping timeframes (5 years) and reporting triggers (cessation/commencement of employment)"],"plain_english_summary":"This legislation sets out the detailed rules for how the Northern Territory's construction industry long service leave scheme operates. It's essentially the 'instruction manual' for the main Act.\n\n**What it does:**\n- **Sets up registers**: Specifies what information must be kept about construction workers and employers (names, addresses, types of work, registration numbers).\n- **Defines who qualifies**: Lists the types of construction work covered (building trades, electrical, plumbing, plant operation, civil engineering, etc.) and excludes certain workers (like those who spend less than 50% of their time on-site, or transport workers).\n- **Calculates service**: Workers can earn up to 6 days of 'qualifying service' per week, with 1 day credited for every 6 hours worked in a shift.\n- **Sets pay rates**: The Board decides pay rates for calculating long service leave entitlements, based on Australian Bureau of Statistics data.\n- **Employer obligations**: Requires employers to report when workers start and finish, and to keep records for 5 years.\n- **Handles transfers**: Provides mathematical formulas for converting long service leave credits when workers move between this NT scheme and similar schemes in other states (reciprocal schemes), or when service is recognised under the old 1981 Act.\n\n**Who it affects:**\n- Construction workers in the NT (employees and contractors)\n- Construction employers operating in the NT\n- The Board and Registrar administering the scheme\n\n**Why it matters:**\nConstruction workers often work for many different employers on short-term projects. Without a portable scheme like this, they'd lose their long service leave entitlements every time they changed jobs. These determinations ensure the scheme runs fairly and consistently, including when workers move interstate or between the old and new systems."}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005","history":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005/history","analysis":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005/analysis","conflicts":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005/conflicts","importantCases":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005/important-cases","documents":"/api/acts/construction-industry-long-service-leave-and-benefits-determinations-2005/documents"}}