{"id":"nsw:sl-2021-0311","name":"Contract Cleaning Industry (Portable Long Service Leave Scheme) (Levy Determinations) Order 2021","slug":"contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"311 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176245,"registerId":"nsw-nsw:sl-2021-0311-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Contract Cleaning Industry (Portable Long Service Leave Scheme) (Levy Determinations) Order 2021](/view/html/inforce/current/sl-2021-0311).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 1 July 2021 and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Order—\n> \n> the Act means the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Determination of levy—employers","content":"#### 4 Determination of levy—employers\n\n4 Determination of levy—employers\n\n> For the purposes of the Act, section 48(1), the percentage of an employee’s ordinary remuneration is determined to be 1.0 per cent.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination of levy—contractors","content":"#### 5 Determination of levy—contractors\n\n5 Determination of levy—contractors\n\n> For the purposes of the Act, section 49(1), the percentage of a contractor’s ordinary remuneration is determined to be 1.0 per cent.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal","content":"#### 6 Repeal\n\n6 Repeal\n\n> The [Contract Cleaning Industry (Portable Long Service Leave Scheme) (Levy Determinations) Order 2011](/view/html/repealed/current/sl-2011-0317) is repealed.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument continues the Act’s levy-setting function by determining the levy percentages for employees and contractors (clauses 4–5) and repeals the previous levy order (clause 6). It does not expand or narrow the classes covered or add new obligations beyond fixing the percentage and commencement date (clause 2)."},"complexity_factors":["Narrow substantive scope: only fixes numeric levy rates and repeals prior order (clauses 4–6).","Cross-references to the parent Act for legal effect (clause 3 defines the Act; clauses 4–5 refer to Act ss 48(1) and 49(1)).","Fixed commencement date imposes an immediate compliance timeline (clause 2).","No detailed implementation, exemptions, or administrative rules in the instrument — administration is left to the Act's mechanisms."],"plain_english_summary":"This Order sets the levy rate for the Contract Cleaning Industry portable long service leave scheme at 1.0% of ordinary remuneration for both employees and contractors, effective 1 July 2021. It applies to parties covered by the Act, requires levy calculation at that percentage, and repeals the 2011 levy order."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The order appears to fulfil its stated and narrow purpose — setting levy determination rates for the contract cleaning portable long service leave scheme. There is no evidence of scope creep beyond this specific administrative function."},"complexity_factors":["Operates within a broader legislative framework (the Contract Cleaning Industry portable leave scheme) requiring knowledge of the parent Act to fully understand","Interaction between levy rates, employer obligations, and the portable leave scheme requires understanding of how the overall scheme functions","Limited substantive content is visible in the provided text, making full analysis difficult","Industry-specific application narrows scope but requires understanding of contract cleaning employment arrangements"],"plain_english_summary":"This order sets the mandatory levy rates that NSW contract‑cleaning employers must pay into a portable long service leave fund. It funds a scheme that lets cleaning workers retain and accrue long service leave entitlements as they move between employers, protecting a highly mobile workforce. The managing authority collects and administers the levy and benefits."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order maintains the exact same scope as its 2011 predecessor and the enabling Act. It performs the specific statutory function of determining levy percentages without expanding into new policy areas or altering the scheme's original purpose."},"complexity_factors":["Extremely short instrument: only 6 sections spanning 2 pages","Single defined term ('the Act') with straightforward reference","No cross-references beyond the parent Act sections 48(1) and 49(1)","No conditional logic, exceptions, or nested provisions","Simple arithmetic determination (fixed percentage rate)","Operates as a 'machinery' instrument — purely administrative rate-setting"],"plain_english_summary":"This Order sets the rate that employers and contractors in the NSW contract cleaning industry must pay into a portable long service leave fund.\n\n**What it does:**\n- Sets the **levy rate at 1.0%** of an employee's ordinary pay\n- Sets the same **1.0% rate** for contractors' ordinary remuneration\n- Replaces an earlier 2011 Order that set the previous rates\n\n**Who it affects:**\n- **Employers** in the contract cleaning industry who must contribute to the portable long service leave scheme\n- **Contractors** working in contract cleaning who are covered by the scheme\n- **Workers** in the industry who accrue long service leave benefits that can move between employers (this is what \"portable\" means — the benefit stays with the worker, not the employer)\n\n**Why it matters:**\nCleaning work often involves workers moving between different cleaning companies or working as contractors. Without a portable scheme, workers would lose their long service leave entitlements when changing jobs. This Order ensures money keeps flowing into the fund at a fixed rate (1%) so workers can eventually claim their long service leave regardless of how many different cleaning companies they've worked for.\n\nThe Order took effect on 1 July 2021, replacing the 2011 version."}},"importantCases":[],"_links":{"self":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021","history":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021/history","analysis":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021/analysis","conflicts":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021/conflicts","importantCases":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021/important-cases","documents":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-levy-determinations-order-2021/documents"}}