{"id":"BILL-WA-B9DC9BAC7318DF1A48258CB5001763C3","name":"Construction Industry Portable Paid Long Service Leave Amendment Bill 2025","slug":"construction-industry-portable-paid-long-service-leave-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-06-26","administeringDepartment":null,"currentVersion":{"id":446165,"registerId":"BILL-WA-B9DC9BAC7318DF1A48258CB5001763C3:current","compilationNumber":null,"startDate":"2025-06-26","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:38.261Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Construction Industry Portable Paid Long Service Leave Amendment Bill 2025\n\n24—1 page i\nWestern Australia\nConstruction Industry Portable Paid Long\nService Leave Amendment Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\nPart 2 — Employees stood down or\non workers compensation\n4. Section 3 amended 3\n5. Section 3B inserted 4\n3B. Day of service 4\n6. Section 21 amended 5\n7. Section 28 amended 5\n8. Schedule Division 3 inserted 6\nDivision 3 — Construction Industry Portable Paid\nLong Service Leave Amendment Act 2025\nSubdivision 1 — Preliminary and transitional\nregulations\n4. Terms used 6\n5. Application of Interpretation Act 1984 6\n6. Transitional regulations 6\nSubdivision 2 — Amendments relating to employees\nstood down or on workers compensation\n7. Terms used 7\n8. Application of Act to employees stood\ndown during pre-commencement period 8\n9. Application of Act to employees on\nworkers compensation before\ncommencement day 8\n10. Re-registration of particular employees 9\n11. Board may set aside decision and make\ndifferent decision 10\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nContents\npage ii\nPart 3 — The Board\n9. Section 3 amended 11\n10. Section 6 amended 11\n11. Section 7 amended 11\n12. Section 9 amended 11\n13. Section 10 amended 12\n14. Section 10A inserted 13\n10A. Decision without meeting 13\nPart 4 — Lump sum payments\n15. Section 22 amended 14\nPart 5 — Vessels\n16. Section 3A amended 17\n17. Section 3 amended 17\n18. Schedule Division 3 Subdivision 3 inserted 20\nSubdivision 3 — Amendments relating to vessels\n12. Terms used 20\n13. Vessel-related person taken to be\nemployee 20\n14. Days of service for particular\nvessel-related persons 20\n15. Re-registration of particular vessel-related\npersons 21\n16. Particular payments before\ncommencement day taken to have been\nmade under s. 34 22\n17. Board may set aside decision and make\ndifferent decision 22\nPart 6 — Miscellaneous amendments\n19. Section 3 amended 23\n20. Section 24A amended 23\nPart 7 — Building and Construction\nIndustry Training Fund and Levy\nCollection Act 1990 amended\n21. Act amended 24\n22. Section 3 amended 24\n23. Section 3A inserted 24\n3A. Building and construction industry 24\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nConstruction Industry Portable Paid Long\nService Leave Amendment Bill 2025\nA Bill for\nAn Act to amend the Construction Industry Portable Paid Long\nService Leave Act 1985 and to make consequential amendments to\nthe Building and Construction Industry Training Fund and Levy\nCollection Act 1990.\nThe Parliament of Western Australia enacts as follows:\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Construction Industry Portable Paid Long Service3\nLeave Amendment Act 2025.4\n2. Commencement5\nThis Act comes into operation as follows —6\n(a) Part 1 — on the day on which this Act receives the7\nRoyal Assent (assent day);8\n(b) Parts 5 and 7 — on a day fixed by proclamation;9\n(c) the rest of the Act — on the day after assent day.10\n3. Act amended11\nThis Act, other than Part 7, amends the Construction Industry12\nPortable Paid Long Service Leave Act 1985.13\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nEmployees stood down or on workers compensation Part 2\ns. 4\npage 3\nPart 2 — Employees stood down or on workers1\ncompensation2\n4. Section 3 amended3\n(1) In section 3(1) delete the definition of day of service.4\n(2) In section 3(1) insert in alphabetical order:5\n6\nday of service has the meaning given in section 3B;7\non workers compensation has the meaning given in8\nsubsection (3C);9\nstood down has the meaning given in subsection (3B);10\n11\n(3) After section 3(3a) insert:12\n13\n(3B) An employee is stood down in respect of a day if —14\n(a) the employee is employed by an employer on15\nthe day; and16\n(b) the employee would usually work in that17\nemployment on the day; and18\n(c) 1 of the following applies in relation to that19\nemployment —20\n(i) the employee was given a jobkeeper21\nenabling stand down direction22\nauthorised by the Fair Work Act 200923\n(Commonwealth) repealed24\nsection 789GDC for the day;25\n(ii) the employee is stood down for the day26\nunder the Fair Work Act 200927\n(Commonwealth) section 524(1);28\n(iii) the employee is stood down for the day29\nunder an industrial instrument;30\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 2 Employees stood down or on workers compensation\ns. 5\npage 4\n(iv) the employee is stood down for the day1\nin prescribed circumstances.2\n(3C) An employee is on workers compensation in respect of3\na day if —4\n(a) the employee is employed by an employer on5\nthe day; and6\n(b) the employee would usually work in that7\nemployment on the day; and8\n(c) the employee is entitled to receive income9\ncompensation under the Workers Compensation10\nand Injury Management Act 2023 Part 211\nDivision 3 for a period that includes the day.12\n13\n5. Section 3B inserted14\nAfter section 3 insert:15\n16\n3B. Day of service17\n(1) A day of service is —18\n(a) a day in respect of which an employee is19\nentitled to receive ordinary pay, including a day20\non which the employee is —21\n(i) on long service leave under this Act; or22\n(ii) on annual leave in excess of 4 weeks in23\nany period of 12 months; or24\n(iii) on paid sick leave;25\nor26\n(b) a day in respect of which an employee is stood27\ndown, if the employee is —28\n(i) not employed on a casual basis; or29\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nEmployees stood down or on workers compensation Part 2\ns. 6\npage 5\n(ii) employed on a casual basis and has1\nworked in that employment on a regular2\nand systematic basis during the period3\nof 12 months ending on the day;4\nor5\n(c) a day in respect of which an employee is on6\nworkers compensation.7\n(2) If an employee is stood down for a period exceeding8\n1 day, the reference in subsection (1)(b)(ii) to the day is9\na reference to the first day of the period for which the10\nemployee is stood down.11\n12\n6. Section 21 amended13\nIn section 21(3) delete the definition of ordinary pay and insert:14\n15\nordinary pay means the average ordinary pay, as16\ndefined in section 3, of the person over the period in17\nwhich the person completed their most recent 220 days18\nof service in the construction industry.19\n20\n7. Section 28 amended21\nDelete section 28(4B) and insert:22\n23\n(4B) For the purposes of subsections (1) and (2), a person is24\nnot engaged or employed in employment for hire or25\nreward in respect of a day if the person is —26\n(a) on workers compensation in respect of that day;27\nand28\n(b) absent from their employment on that day.29\n30\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 2 Employees stood down or on workers compensation\ns. 8\npage 6\n8. Schedule Division 3 inserted1\nAt the end of the Schedule insert:2\n3\nDivision 3 — Construction Industry Portable Paid Long4\nService Leave Amendment Act 20255\nSubdivision 1 — Preliminary and transitional regulations6\n4. Terms used7\nIn this Subdivision —8\namendment Act means the Construction Industry Portable9\nPaid Long Service Leave Amendment Act 2025;10\ntransitional regulations means regulations made under11\nclause 6(2).12\n5. Application of Interpretation Act 198413\nThe Interpretation Act 1984 Part V applies in relation to14\namendments made by the amendment Act subject to this15\nDivision and transitional regulations.16\n6. Transitional regulations17\n(1) In this clause —18\npublication day, for transitional regulations, means the day19\non which the regulations are published in accordance with20\nthe Interpretation Act 1984 section 41(1)(a);21\nspecified means specified or described in transitional22\nregulations;23\ntransitional matter means a matter or issue of a transitional,24\nsavings or application nature.25\n(2) Regulations may prescribe anything required, necessary or26\nconvenient to be prescribed in relation to a transitional27\nmatter in connection with the enactment of, or any28\namendment made by, the amendment Act.29\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nEmployees stood down or on workers compensation Part 2\ns. 8\npage 7\n(3) Without limiting subclause (2), transitional regulations may1\nprovide for specified provisions of this Act or another2\nwritten law —3\n(a) not to apply to, or in relation to, a specified matter4\nor thing; or5\n(b) to apply with specified modifications to, or in6\nrelation to, a specified matter or thing.7\n(4) If transitional regulations provide that a specified state of8\naffairs is taken to have existed, or not to have existed, on9\nand after a day that is earlier than publication day but not10\nearlier than the day on which the amendment Act Part 211\ncomes into operation, the transitional regulations have effect12\naccording to their terms.13\n(5) If transitional regulations contain a provision referred to in14\nsubclause (4), the provision does not operate so as —15\n(a) to affect in a manner prejudicial to a person (other16\nthan the State or an authority of the State) the rights17\nof that person existing before publication day; or18\n(b) to impose liabilities on a person (other than the19\nState or an authority of the State) in respect of an20\nact done or omission made before publication day.21\nSubdivision 2 — Amendments relating to employees stood down22\nor on workers compensation23\n7. Terms used24\n(1) In this Subdivision —25\namendment Act means the Construction Industry Portable26\nPaid Long Service Leave Amendment Act 2025;27\ncommencement day means the day on which the28\namendment Act section 8 comes into operation;29\non workers compensation (1981 Act) has the meaning given30\nin subclause (2).31\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 2 Employees stood down or on workers compensation\ns. 8\npage 8\n(2) An employee was on workers compensation (1981 Act) in1\nrespect of a day if —2\n(a) the employee was employed by an employer on the3\nday; and4\n(b) the employee would usually work in that5\nemployment on the day; and6\n(c) the employee was entitled to receive weekly7\npayments of compensation calculated and varied8\nunder the Workers’ Compensation and Injury9\nManagement Act 1981 Schedule 1 for a period that10\nincludes the day.11\n8. Application of Act to employees stood down during12\npre-commencement period13\n(1) In this clause —14\npre-commencement period means the period beginning on15\n1 April 2020 and ending immediately before16\ncommencement day.17\n(2) This clause applies in relation to an employee who, during18\nthe pre-commencement period, was stood down in respect19\nof a day.20\n(3) For the purposes of the Board determining the employee’s21\nentitlement to long service leave under this Act, the Board22\nmust apply this Act as if, on that day —23\n(a) the definition of day of service was as set out in24\nsection 3B; and25\n(b) the definition of stood down in section 3(3B)26\napplied accordingly.27\n9. Application of Act to employees on workers28\ncompensation before commencement day29\n(1) This clause applies in relation to an employee who, before30\ncommencement day —31\n(a) was on workers compensation in respect of a day;32\nor33\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nEmployees stood down or on workers compensation Part 2\ns. 8\npage 9\n(b) was on workers compensation (1981 Act) in respect1\nof a day.2\n(2) For the purposes of the Board determining the employee’s3\nentitlement to long service leave under this Act, the Board4\nmust apply this Act as if, on that day —5\n(a) the definition of day of service was as set out in6\nsection 3B; and7\n(b) the definition of on workers compensation in8\nsection 3(3C) applied accordingly; and9\n(c) the reference in section 3(3C)(c) to income10\ncompensation under the Workers Compensation and11\nInjury Management Act 2023 Part 2 Division 312\nincluded a reference to weekly payments of13\ncompensation calculated and varied under the14\nWorkers’ Compensation and Injury Management15\nAct 1981 Schedule 1.16\n10. Re-registration of particular employees17\n(1) This clause applies in relation to an employee referred to in18\nclause 8(2) or 9(1).19\n(2) Each day in respect of which the employee was stood down,20\non workers compensation or on workers compensation21\n(1981 Act) is taken to be a day of service by the employee22\nfor the purposes of section 23(1)(a) and (b).23\n(3) Subclause (4) applies if —24\n(a) before commencement day, the Board caused the25\nemployee’s name to be removed from the26\nemployees register under section 23(1); and27\n(b) the employee would have been entitled to remain on28\nthe employees register had the provision made by29\nsubclause (2) applied at the time of the removal.30\n(4) The Board may cause the employee to be re-registered on31\nthe employees register.32\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 2 Employees stood down or on workers compensation\ns. 8\npage 10\n(5) If the employee is re-registered, for the purposes of the1\nBoard determining the employee’s entitlement to long2\nservice leave under this Act, the Board must apply this Act3\nas if the Board had not caused the employee’s name to be4\nremoved.5\n11. Board may set aside decision and make different6\ndecision7\n(1) This clause applies if —8\n(a) before commencement day, the Board made a9\ndecision (the original decision) to pay, not pay, or10\npay a particular amount of, a lump sum payment11\nunder section 22; and12\n(b) as a consequence of this Subdivision, the Board13\nconsiders a different decision should be made.14\n(2) The Board may, on its own initiative or on the application of15\nany person, set aside the original decision and make the16\ndifferent decision.17\n18\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nThe Board Part 3\ns. 9\npage 11\nPart 3 — The Board1\n9. Section 3 amended2\nIn section 3(1) in the definition of member delete “chairman;”3\nand insert:4\n5\nchairperson;6\n7\n10. Section 6 amended8\nIn section 6(1)(a) delete “chairman;” and insert:9\n10\nchairperson;11\n12\n11. Section 7 amended13\nIn section 7(3)(a) and (b) and (4) delete “chairman” and insert:14\n15\nchairperson16\n17\n12. Section 9 amended18\n(1) After section 9(1) insert:19\n20\n(1A) If a member so requests, the Board may pay a fee or21\nallowance to which the member is entitled to the22\nprincipal employer of the member.23\n(1B) Payment of a fee or allowance at a member’s request24\nunder subsection (1A) does not affect the member’s25\nduty to act as a member of the Board under this Act.26\n27\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 3 The Board\ns. 13\npage 12\n(2) In section 9(2) delete “him” (each occurrence) and insert:1\n2\nthe member3\n4\n13. Section 10 amended5\n(1) In section 10(1):6\n(a) delete “chairman” and insert:7\n8\nchairperson9\n10\n(b) delete “chairman.” and insert:11\n12\nchairperson.13\n14\n(2) Delete section 10(2) and (3) and insert:15\n16\n(2) The chairperson must preside at any meeting of the17\nBoard at which the chairperson is present.18\n(3) If the chairperson is not present at a meeting of the19\nBoard the following person must preside at the20\nmeeting —21\n(a) if a person has been appointed under22\nsection 7(3) to act in the place of the23\nchairperson — that person;24\n(b) otherwise — the member elected by the25\nmembers present to preside at the meeting.26\n27\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nThe Board Part 3\ns. 14\npage 13\n(3) After section 10(9) insert:1\n2\n(10) The presence of a member at a meeting of the Board3\nneed not be by attendance in person but may be by that4\nmember and each other member at the meeting being5\nsimultaneously in contact by telephone or other means6\nof instantaneous communication.7\n8\n14. Section 10A inserted9\nAfter section 10 insert:10\n11\n10A. Decision without meeting12\nA decision in writing signed or otherwise assented to in13\nwriting by each member has the same effect as if it had14\nbeen made at a meeting of the Board.15\n16\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 4 Lump sum payments\ns. 15\npage 14\nPart 4 — Lump sum payments1\n15. Section 22 amended2\n(1) In section 22(1):3\n(a) delete “his” and insert:4\n5\nthe employee’s6\n7\n(b) delete “him,” and insert:8\n9\nthe employee,10\n11\n(c) in paragraphs (a) and (b) delete “he” and insert:12\n13\nthe employee14\n15\n(d) in paragraph (b)(ii) delete “years.” and insert:16\n17\nyears;18\n19\n(e) after paragraph (b) insert:20\n21\nor22\n(c) where the employee has completed at least23\n55 days of service but less than 7 years of24\nservice and is totally and permanently25\nincapacitated for work in the construction26\nindustry, a sum which bears the same27\nproportion to the money value of the28\nentitlement referred to in section 21(1)(a) as the29\nperiod of service completed bears to 10 years;30\nor31","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Construction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nLump sum payments Part 4\ns. 15\npage 15\n(d) where the employee has completed at least1\n55 days of service but less than 7 years of2\nservice and has been diagnosed with an illness3\nthat is likely to result in the death of the4\nemployee within a period of 12 months of the5\ndate of application for payment, a sum which6\nbears the same proportion to the money value7\nof the entitlement referred to in section 21(1)(a)8\nas the period of service completed bears to9\n10 years.10\n11\n(2) After section 22(1) insert:12\n13\n(1A) A payment must not be made under subsection (1)(c)14\nor (d) unless the Board has been given evidence by a15\nmedical practitioner of the employee’s incapacitation16\nor diagnosis.17\n(1B) In subsection (1A) —18\nmedical practitioner means a person registered under19\nthe Health Practitioner Regulation National Law20\n(Western Australia) in the medical profession (other21\nthan as a student).22\n23\n(3) In section 22(2) delete “him” and insert:24\n25\nthe employee26\n27\n(4) After section 22(2) insert:28\n29\n(2A) Subsection (2B) applies if an employee dies after30\ncompleting at least 55 days of service but less than31\n7 years of service in the construction industry.32\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 4 Lump sum payments\ns. 15\npage 16\n(2B) Upon application by a relevant party for the deceased1\nemployee, a lump sum which bears the same2\nproportion to the money value of the entitlement3\nreferred to in section 21(1)(a) as that period of service4\nbears to 10 years must be paid to a relevant party for5\nthe deceased employee, as the Board thinks fit.6\n(2C) In subsection (2B) —7\nrelevant party, for a deceased employee, means —8\n(a) any person who was the spouse or de facto9\npartner of the employee immediately before the10\ndeath of the employee and who, in the opinion11\nof the Board, was financially dependent on that12\nemployee at that time; or13\n(b) the estate of the employee.14\n15\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nVessels Part 5\ns. 16\npage 17\nPart 5 — Vessels1\n16. Section 3A amended2\nDelete section 3A(1).3\n17. Section 3 amended4\n(1) In section 3(1) insert in alphabetical order:5\n6\noffshore area means an area referred to in the7\nIndustrial Relations Act 1979 section 3(3);8\noperate, in relation to a self-propelled vessel, means to9\ndetermine or exercise control over the course or10\ndirection of, or the means of propulsion of, the vessel,11\nwhether or not the vessel is underway;12\nself-propelled vessel means a vessel that, by means of13\nits permanent systems of propulsion and steering, is14\nable to navigate and move on water without being15\ntowed or moved by another vessel;16\nvessel —17\n(a) means any kind of vessel used or capable of18\nbeing used in navigation by water, however19\npropelled or moved; and20\n(b) includes the following —21\n(i) a barge, lighter or other floating vessel;22\n(ii) an air-cushion vehicle, or other similar23\nvessel, used wholly or primarily in24\nnavigation by water;25\n26\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 5 Vessels\ns. 17\npage 18\n(2) In section 3(1) in the definition of construction industry:1\n(a) after paragraph (a)(xv) insert:2\n3\n(xva) vessels other than self-propelled vessels;4\nand5\n(xvb) temporary or permanent structures,6\nfixtures or works that are used for7\nconstruction and non-navigation8\npurposes and that are on self-propelled9\nvessels; and10\n11\n(b) delete paragraph (a)(xvi) and insert:12\n13\n(xvi) structures, fixtures or works for use on14\nor for the use of any buildings, works or15\nvessels of a kind referred to in16\nsubparagraphs (i) to (xva); and17\n18\n(c) after paragraph (a) insert:19\n20\n(aa) of carrying out of work referred to in21\nparagraph (a)(i) to (xv) while on a vessel;22\n(ab) of carrying out of work referred to in23\nparagraph (a)(xva) and (xvb) while on the24\nvessel or from another vessel;25\n26\n(d) in paragraph (b) delete “of works” and insert:27\n28\nof work29\n30\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nVessels Part 5\ns. 17\npage 19\n(e) delete paragraph (d) and insert:1\n2\n(d) the carrying out of work involving the3\nconstruction, erection, installation,4\nreconstruction, re-erection, renovation,5\nalteration, demolition or maintenance of or6\nrepairs to a self-propelled vessel, other than to7\nstructures, fixtures or works of a kind referred8\nto in paragraph (a)(xvb) on the vessel; or9\n(da) the carrying out of work for a self-propelled10\nvessel to be operated; or11\n12\n(3) After section 3(3C) insert:13\n14\n(3D) For the purposes of the definition of construction15\nindustry in subsection (1), a place on water where a16\nvessel is located is taken to be a site.17\n(3E) A reference in this Act to a vessel is a reference to a18\nvessel on water in the State or in an offshore area.19\n(3F) A reference in this Act to an employee does not include20\na reference to a person on a vessel if the Board is21\nsatisfied that, apart from the fact that the person is on22\nthe vessel, the person has no substantial connection23\nwith the State.24\n25\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 5 Vessels\ns. 18\npage 20\n18. Schedule Division 3 Subdivision 3 inserted1\nAt the end of the Schedule insert:2\n3\nSubdivision 3 — Amendments relating to vessels4\n12. Terms used5\nIn this Subdivision —6\namendment Act means the Construction Industry Portable7\nPaid Long Service Leave Amendment Act 2025;8\ncommencement day means the day on which the9\namendment Act section 18 comes into operation;10\nrelevant day has the meaning given in clause 13(2);11\nvessel-related person has the meaning given in clause 13(2).12\n13. Vessel-related person taken to be employee13\n(1) In this clause —14\nformer, in relation to the definition of construction15\nindustry, means the definition of construction industry in16\nsection 3(1) as in force before commencement day.17\n(2) A person (a vessel-related person) is taken to have been an18\nemployee on a day (a relevant day) before commencement19\nday if, but for the operation of paragraph (d) of the former20\ndefinition of construction industry, the person would have21\nbeen considered an employee on the relevant day.22\n(3) The references in this Subdivision to day of service and23\nemployer in respect of the vessel-related person are to be24\nread accordingly.25\n(4) This clause applies subject to clauses 14 and 15.26\n14. Days of service for particular vessel-related persons27\n(1) This clause applies if, before commencement day —28\n(a) a day of service was undertaken by a vessel-related29\nperson on a relevant day; and30\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nVessels Part 5\ns. 18\npage 21\n(b) the person’s employer for the relevant day —1\n(i) made a payment of an amount to the Board2\nin respect of the person for the day; and3\n(ii) did not receive a refund of the amount.4\n(2) The relevant day is taken to be a day of service as an5\nemployee for the purposes of the Board determining the6\nvessel-related person’s entitlement to long service leave7\nunder this Act.8\nNote for this clause:9\nSee Subdivision 2 for transitional provisions about days of10\nservice for employees stood down and for employees on11\nworkers compensation.12\n15. Re-registration of particular vessel-related persons13\n(1) Subclause (3) applies to a relevant day before14\ncommencement day on which a day of service was15\nundertaken by a vessel-related person if, before16\ncommencement day —17\n(a) the person’s employer for the day —18\n(i) paid an amount to the Board in respect of19\nthe vessel-related person for the day; and20\n(ii) received a refund of the amount;21\nand22\n(b) the Board removed from its records the day as a day23\nof service for the person.24\n(2) Subclause (3) also applies to a relevant day referred to in25\nclause 14 on which a day of service was undertaken by a26\nvessel-related person.27\n(3) The relevant day is taken to be a day of service by the28\nemployee for the purposes of section 23(1)(a) and (b).29\n(4) Subclause (5) applies if —30\n(a) before commencement day, the Board caused the31\nvessel-related person’s name to be removed from32\nthe employees register under section 23(1); and33\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 5 Vessels\ns. 18\npage 22\n(b) the person would have been entitled to remain on1\nthe employees register had the provision made by2\nsubclause (3) applied at the time of the removal.3\n(5) The Board may cause the vessel-related person to be4\nre-registered on the employees register.5\n(6) If the vessel-related person is re-registered, for the purposes6\nof the Board determining the person’s entitlement to long7\nservice leave under this Act, the Board must apply this Act8\nas if the Board had not caused the person’s name to be9\nremoved.10\n16. Particular payments before commencement day taken to11\nhave been made under s. 3412\n(1) This clause applies if, before commencement day —13\n(a) an employer made a payment of an amount to the14\nBoard in respect of a vessel-related person15\nemployed by the employer; and16\n(b) the payment was not refunded.17\n(2) The payment is taken to have been made under18\nsection 34(1).19\n17. Board may set aside decision and make different20\ndecision21\n(1) This clause applies if —22\n(a) before commencement day, the Board made a23\ndecision (the original decision) to pay, not pay, or24\npay a particular amount of, a lump sum payment25\nunder section 22; and26\n(b) as a consequence of this Subdivision, the Board27\nconsiders a different decision should be made.28\n(2) The Board may, on its own initiative or on the application of29\nany person, set aside the original decision and make the30\ndifferent decision.31\n32\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nMiscellaneous amendments Part 6\ns. 19\npage 23\nPart 6 — Miscellaneous amendments1\n19. Section 3 amended2\nIn section 3(1) delete “Act unless the contrary intention3\nappears —” and insert:4\n5\nAct —6\n7\n20. Section 24A amended8\nIn section 24A(2) delete “27,”.9\nNote: The heading to amended section 24A is to read:10\nProportional leave in advance after 7 years’ service11\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 7 Building and Construction Industry Training Fund and Levy\nCollection Act 1990 amended\ns. 21\npage 24\nPart 7 — Building and Construction Industry Training1\nFund and Levy Collection Act 1990 amended2\n21. Act amended3\nThis Part amends the Building and Construction Industry4\nTraining Fund and Levy Collection Act 1990.5\n22. Section 3 amended6\n(1) In section 3(1) delete the definition of building and7\nconstruction industry.8\n(2) In section 3(1) insert in alphabetical order:9\n10\nbuilding and construction industry has the meaning11\ngiven in section 3A;12\n13\n(3) In section 3(1) in the definition of construction work delete14\nparagraph (a) and insert:15\n16\n(a) that is included in the definition of building17\nand construction industry; or18\n19\n23. Section 3A inserted20\nAfter section 3 insert:21\n22\n3A. Building and construction industry23\n(1) Building and construction industry means the24\nindustry —25\n(a) of carrying out on a site the construction,26\nerection, installation, reconstruction,27\nre-erection, renovation, alteration, demolition28\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nBuilding and Construction Industry Training Fund and Levy\nCollection Act 1990 amended\nPart 7\ns. 23\npage 25\nor maintenance of or repairs to any of the1\nfollowing —2\n(i) buildings;3\n(ii) swimming pools and spa pools;4\n(iii) roads, railways, airfields or other works5\nfor the passage of persons, animals or6\nvehicles;7\n(iv) breakwaters, docks, jetties, piers,8\nwharves or works for the improvement9\nor alteration of any harbour, river or10\nwatercourse for the purposes of11\nnavigation;12\n(v) works for the storage or supply of water13\nor for the irrigation of land;14\n(vi) works for the conveyance, treatment or15\ndisposal of sewage or of the effluent16\nfrom any premises;17\n(vii) works for the extraction, refining,18\nprocessing or treatment of materials or19\nfor the production or extraction of20\nproducts and by-products from21\nmaterials;22\n(viii) bridges, viaducts, aqueducts or tunnels;23\n(ix) chimney stacks, cooling towers, drilling24\nrigs, gas-holders or silos;25\n(x) pipelines;26\n(xi) navigational lights, beacons or markers;27\n(xii) works for the drainage of land;28\n(xiii) works for the storage of liquids (other29\nthan water) or gases;30\n(xiv) works for the generation, supply or31\ntransmission of electric power;32\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nPart 7 Building and Construction Industry Training Fund and Levy\nCollection Act 1990 amended\ns. 23\npage 26\n(xv) works for the transmission of wireless1\nor telegraphic communications;2\n(xvi) pile driving works;3\n(xvii) structures, fixtures or works for use on4\nor for the use of any buildings or works5\nof a kind referred to in subparagraphs (i)6\nto (xvi);7\n(xviii) works for the preparation of sites for8\nany buildings or works of a kind9\nreferred to in subparagraphs (i) to (xvii);10\n(xix) fences, other than fences on farms;11\n(b) of carrying out of works on a site of the12\nconstruction, erection, installation,13\nreconstruction, re-erection, renovation,14\nalteration or demolition of any buildings or15\nworks of a kind referred to in paragraph (a) for16\nthe fabrication, erection or installation of plant,17\nplant facilities or equipment for those buildings18\nor works;19\n(c) of carrying out of work performed by20\nemployees engaged in the work referred to in21\nparagraph (a) or (b) and that is normally carried22\nout on site but which is not necessarily carried23\nout on site.24\n(2) However, building and construction industry does not25\ninclude the following —26\n(a) the carrying out of any work on ships;27\n(b) the maintenance of or repairs or minor28\nalterations to lifts or escalators;29\n(c) the carrying out of maintenance or repairs of a30\nroutine or minor nature by employees for an31\nemployer, or another person under an32\narrangement with a labour hire agency, who is33\n\nConstruction Industry Portable Paid Long Service Leave Amendment\nBill 2025\nBuilding and Construction Industry Training Fund and Levy\nCollection Act 1990 amended\nPart 7\ns. 23\npage 27\nnot substantially engaged in the industry1\ndescribed in subsection (1).2\nNote for this section:3\nThis section is based on the definition of construction4\nindustry in the Construction Industry Portable Paid Long5\nService Leave Act 1985 section 3(1) as in force immediately6\nbefore the commencement of the Construction Industry7\nPortable Paid Long Service Leave Amendment Act 20258\nPart 5.9\n10","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Bill meaningfully broadens the Act’s practical scope. Originally limited to counting actual worked days for portable long service leave in building/construction, it now: (a) treats periods when employees were stood down or on workers compensation as days of service (including retrospective application back to 1 April 2020 for stood‑down periods), (b) extends coverage to a wider set of vessel-related work (bringing non-self‑propelled vessel work and many vessel-based construction activities into scope while carving out some work on self‑propelled vessels), and (c) creates new early-access lump‑sum pathways for incapacity, terminal illness and death for employees with limited service. It also empowers the Board to revisit earlier administrative decisions and re‑register workers—changes that reach back to past transactions and can alter prior refunds or removals. These changes expand who is covered and when service is counted, increasing the scheme’s obligations and administrative reach compared with the Act’s earlier, narrower scope."},"complexity_factors":["Multiple new and amended defined terms (new 'day of service', new 'stood down' and 'on workers compensation', added vessel-related definitions)","Transitional regime with retroactive application to 1 April 2020 and power to make transitional regulations (Schedule clauses 6–11)","Cross-references to external legislation and multiple versions (Commonwealth Fair Work Act provisions; Workers’ Compensation and Injury Management Act 2023 and Workers’ Compensation and Injury Management Act 1981)","Separate, parallel transitional Subdivisions for employees and vessel-related persons (Schedule Subdivisions 2 and 3)","Re-registration and power for the Board to set aside and remake past decisions (Schedule clauses 10–11 and 15–17)","Conditional, fact-intensive eligibility rules for casuals and stand-downs (regular and systematic work test in s. 3B(1)(b)(ii))","New conditional lump-sum payment rules with evidentiary requirements (s. 22 amendments and medical practitioner evidence in s. 22(1A)–(1B))","Governance and procedural amendments to Board meetings (remote attendance, written decisions, fee payments to employer) introduce alternative decision processes (Parts 3 and new s. 10A)","Consequential amendments to the Levy Collection Act with a reworked industry definition (Part 7)"],"plain_english_summary":"**What this Bill changes, in plain terms**\n\n- It changes the Construction Industry Portable Paid Long Service Leave Act 1985 so that more days count as \"days of service\" for portable long service leave. In particular, days when an employee is stood down or is on workers compensation can be treated as days of service (see new definitions and tests at section 3B and section 3(3B)–(3C)).\n\n- It says how those new day‑of‑service rules should be applied to past periods. Employees who were stood down between 1 April 2020 and the law starting (the “pre‑commencement period”) and employees who were on workers compensation just before the new rules start are to have their entitlement assessed as if the new definitions had applied at the time (see transitional clauses in the Schedule, especially clauses 8–11). The Board can re‑register employees whose names were previously removed, and can revisit earlier lump‑sum decisions if the new rules change entitlements (Schedule clauses 10–11 and 17).\n\n- It adds a clear statutory definition of what counts as a \"day of service\" (new s. 3B). The definition includes days where the employee received ordinary pay (including long service leave, paid sick leave, and more than four weeks annual leave), days they were stood down (subject to tests for casuals and regularity of work), and days on workers compensation (subject to an entitlement to income compensation under the State workers compensation law) (s. 3B; s. 3(3B)–(3C)).\n\n- It broadens which kinds of work and workers are captured by the construction industry for the purposes of the portable scheme to cover many activities carried out on or from vessels (boats and floating plant) but treats work on self‑propelled vessels differently (new and amended definitions in s. 3 and the new vessel transitional Subdivision). The Bill includes rules for treating certain vessel workers as employees for past days and for validating employer payments already made (Part 5 and Schedule Subdivision 3).\n\n- It expands the circumstances in which a lump‑sum payment can be made to an employee who has not completed the usual qualifying service: pro‑rata payments where an employee is totally and permanently incapacitated and has at least 55 days but less than 7 years of service; pro‑rata payments where an employee with at least 55 days but less than 7 years has a terminal diagnosis with likely death within 12 months; and payments to dependants or the estate if the employee dies after at least 55 days of service (amendments to s. 22, Part 4).\n\n- It modernises Board operation and governance language (e.g. replacing \"chairman\" with \"chairperson\"), allows remote participation, allows written decisions without a meeting (new s. 10A), and permits members to have fees paid to their principal employer on request (amendments in Part 3).\n\n- It changes the Building and Construction Industry Training Fund and Levy Collection Act 1990 to align its definition of the building and construction industry with the revised construction industry definition used in the long service leave Act (Part 7).\n\n**Who is affected**\n\n- Employees in the construction industry (including a broader set of vessel‑related workers described in Part 5). People who were stood down during 1 April 2020–commencement or who were on workers compensation just before commencement may now get those days counted towards long service leave (Schedule Subdivision 2).\n\n- Employers in the construction and vessel sectors: they may face increased recorded employee service and therefore higher or earlier entitlement liabilities; some employers who previously obtained refunds or had employees removed from the register may see those past positions reversed (Schedule clauses 10, 15–16).\n\n- The Board that administers the portable scheme: it will have to re‑assess past decisions, re‑register employees in some cases, accept medical evidence for new lump‑sum grounds, and apply transitional regulations (multiple provisions in the Schedule).\n\n- Parties entitled to lump sums on death or on early incapacity (employees, dependants, estates) — there are new pro‑rata payment paths where previously none existed for short service.\n\n**Why it matters (official claim and practical effect)**\n\n- The Bill’s stated purpose is to ensure that people who lost time from work because they were stood down (including under certain Commonwealth stand‑down mechanisms) or were on workers compensation are not unfairly excluded from counting that time towards portable long service leave entitlements (see new s. 3B, Schedule Subdivision 2). It also brings certain vessel work clearly within the scope of the construction industry for the scheme (Part 5) and creates limited early‑access lump‑sum options for incapacity, terminal illness and death (s. 22 amendments).\n\n- Mechanically, those changes increase the pool of \"counted service days.\" That will increase entitlements for some workers and can change who qualifies for leave or lump‑sum payments. It also triggers administrative tasks for the Board and employers: re‑registering workers, recalculating entitlements, verifying medical evidence for incapacity/terminal illness claims and handling applications on death.\n\n**Costs, incentives, trade‑offs and practical risks to watch for**\n\n- Who pays: increased counted service can increase the scheme’s future payout obligations. That cost is typically met by employer levy contributions to the scheme (see the existing Act and the Levy Collection Act alignment in Part 7). Employers may therefore face higher effective costs over time, and some employers who previously received refunds may find their past positions reopened (Schedule clauses 15–16). The Bill does not fix levy rates; it changes what counts as service and who is registrable.\n\n- Administrative burden and implementation risk: the Board must identify affected people, re‑register where appropriate, reopen and set aside past lump‑sum decisions (Schedule clauses 11 and 17), and process medical evidence for incapacity/terminal illness claims (s. 22(1A)–(1B)). That is a concentrated, front‑loaded administrative task with potential for errors or disputes about records and entitlement calculations.\n\n- Verification and evidentiary demands: the Bill requires medical practitioner evidence for pro‑rata payments on incapacity/terminal illness (s. 22(1A)–(1B)). The Board must also assess whether casuals had \"regular and systematic\" work over the preceding 12 months when counting a stand‑down day (s. 3B(1)(b)(ii)). These are fact‑intensive enquiries that can generate disputes and require record‑keeping.\n\n- Retroactivity and fairness trade‑offs: transitional provisions allow the Board to treat past days as service (Schedule clauses 8–9 and 14–16). That can benefit affected employees but can impose retrospective obligations or reverse prior refunds/administrative decisions for employers. Transitional regulations may be used to manage practical application, but they can also create uncertainty until they are made (Schedule clause 6).\n\n- Cross‑jurisdictional complexity: the Bill refers to Commonwealth Fair Work Act stand‑down mechanisms (including the JobKeeper enabling direction repealed provision), and it references two different State workers compensation regimes (the Workers’ Compensation and Injury Management Act 2023 and the 1981 Act schedule provisions) for transitional purposes (see s. 3(3B)–(3C) and Schedule clause 7). That layering increases legal complexity when assessing eligibility for particular days.\n\n- Effects on private contracting and vessel operators: expanding the construction industry definition to cover more vessel work (Part 5) changes which employers must participate in the portable scheme. Operators of non‑self‑propelled vessels and employers using vessels as sites for construction work will need to review compliance and levy obligations. Work on self‑propelled vessels is treated differently (s. 3 definition changes), which narrows coverage in that specific area and may shift where obligations fall.\n\n- Discretion and operational decision‑making: the Board gains explicit power to revisit and replace earlier decisions (Schedule clauses 11 and 17). That concentrates decision‑making with the Board and creates potential for administrative discretion to affect outcomes; the Bill does not add an explicit fast‑track dispute mechanism beyond existing Board powers.\n\n**Net practical takeaway**\n\n- The Bill mechanically expands what counts as service for portable long service leave (stand‑down days and workers compensation days), extends some of those changes retrospectively back to 1 April 2020, brings a broader set of vessel work within the statutory construction industry for the scheme (with carve‑outs for self‑propelled vessels), and creates limited pro‑rata lump‑sum payment routes for incapacity, terminal illness and death. Employers should expect administrative and potential financial impacts; the Board will need capacity to re‑assess past records and process new categories of claims.\n\n(Primary operative clauses: new s. 3B; s. 3(3B)–(3C); Schedule Division 3 Subdivision 2 (transitional rules); Part 4 amendments to s. 22; Part 5 vessel definition changes; Schedule Subdivision 3 for vessel transitional matters; Part 3 Board procedure changes.)"},"summary":{"status_summary":"The bill has received royal assent with Parts 1, 2, 3, 4, and 6 commencing on the day after assent, and Parts 5 and 7 to commence on a day fixed by proclamation.","complexity_score":7,"likely_questions":["Will employers face higher levy costs due to the expanded definition of construction industry for vessel-related work?","How will the Board determine whether a person on a vessel has a substantial connection with Western Australia?","What medical evidence is required to claim a lump sum for total and permanent incapacity or terminal illness?","Can employees who were previously removed from the register due to stand down or workers compensation now be re-registered, and how do they apply?","When will Parts 5 and 7 commence, and will there be a transition period for vessel-related employers?"],"complexity_factors":["Multiple subject areas: leave accrual, Board governance, lump sum payments, vessel definitions, and training levy amendments","Transitional provisions with retrospective application from 1 April 2020","Detailed definitions for stood down workers, workers compensation, vessels, and self-propelled vessels","Interaction with other Acts: Fair Work Act, Workers Compensation and Injury Management Act, Industrial Relations Act, and Building and Construction Industry Training Fund and Levy Collection Act","Staggered commencement dates: some parts on royal assent, some on proclamation"],"plain_english_summary":"The Bill amends WA’s portable long service leave laws to broaden who and what counts as construction work (now covering more vessel- and water‑site work and some self‑propelled vessel activity), to treat certain stand‑downs and workers‑comp periods as days of service (with transitional backdating), and to create pro‑rata lump‑sum payments for total permanent incapacity, terminal illness, or death.\n\nIt also updates Board governance. The changes expand worker entitlements and bring more employers—notably in marine/vessel sectors—into the scheme, raising compliance and transitional administrative burdens; no cost estimate is provided."}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025","history":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025/history","analysis":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025/analysis","conflicts":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025/conflicts","importantCases":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025/important-cases","documents":"/api/acts/construction-industry-portable-paid-long-service-leave-amendment-bill-2025/documents"}}