Construction Industry Portable Paid Long Service Leave Amendment Bill 2025
24—1 page i
Western Australia
Construction Industry Portable Paid Long
Service Leave Amendment Bill 2025
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Act amended 2
Part 2 — Employees stood down or
on workers compensation
Section 3 amended 3
Section 3B inserted 4
3B. Day of service 4
Section 21 amended 5
Section 28 amended 5
Schedule Division 3 inserted 6
Division 3 — Construction Industry Portable Paid
Long Service Leave Amendment Act 2025
Subdivision 1 — Preliminary and transitional
regulations
Terms used 6
Application of Interpretation Act 1984 6
Transitional regulations 6
Subdivision 2 — Amendments relating to employees
stood down or on workers compensation
Terms used 7
Application of Act to employees stood
down during pre-commencement period 8
Application of Act to employees on
workers compensation before
commencement day 8
Re-registration of particular employees 9
Board may set aside decision and make
different decision 10
Construction Industry Portable Paid Long Service Leave Amendment
Bill 2025
Contents
page ii
Part 3 — The Board
9. Section 3 amended 11
10. Section 6 amended 11
11. Section 7 amended 11
12. Section 9 amended 11
13. Section 10 amended 12
14. Section 10A inserted 13
10A. Decision without meeting 13
Part 4 — Lump sum payments
15. Section 22 amended 14
Part 5 — Vessels
16. Section 3A amended 17
17. Section 3 amended 17
18. Schedule Division 3 Subdivision 3 inserted 20
Subdivision 3 — Amendments relating to vessels
12. Terms used 20
13. Vessel-related person taken to be
employee 20
14. Days of service for particular
vessel-related persons 20
15. Re-registration of particular vessel-related
persons 21
16. Particular payments before
commencement day taken to have been
made under s. 34 22
17. Board may set aside decision and make
different decision 22
Part 6 — Miscellaneous amendments
19. Section 3 amended 23
20. Section 24A amended 23
Part 7 — Building and Construction
Industry Training Fund and Levy
Collection Act 1990 amended
21. Act amended 24
22. Section 3 amended 24
23. Section 3A inserted 24
3A. Building and construction industry 24
page 1
Western Australia
LEGISLATIVE COUNCIL
Construction Industry Portable Paid Long
Service Leave Amendment Bill 2025
A Bill for
An Act to amend the Construction Industry Portable Paid Long
Service Leave Act 1985 and to make consequential amendments to
the Building and Construction Industry Training Fund and Levy
Collection Act 1990.
The Parliament of Western Australia enacts as follows:
Section retrieval-0001 - Construction Industry Portable Paid Long Service Leave Amendment Bill 2025 - Document excerpt 1 | Zoe
Construction Industry Portable Paid Long Service Leave Amendment
Bill 2025
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary1
Short title2
This is the Construction Industry Portable Paid Long Service3
Leave Amendment Act 2025.4
Commencement5
This Act comes into operation as follows —6
(a) Part 1 — on the day on which this Act receives the7
Royal Assent (assent day);8
(b) Parts 5 and 7 — on a day fixed by proclamation;9
(c) the rest of the Act — on the day after assent day.10
Act amended11
This Act, other than Part 7, amends the Construction Industry12
Portable Paid Long Service Leave Act 1985.13
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Employees stood down or on workers compensation Part 2
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Part 2 — Employees stood down or on workers1
compensation2
4. Section 3 amended3
(1) In section 3(1) delete the definition of day of service.4
(2) In section 3(1) insert in alphabetical order:5
6
day of service has the meaning given in section 3B;7
on workers compensation has the meaning given in8
subsection (3C);9
stood down has the meaning given in subsection (3B);10
11
(3) After section 3(3a) insert:12
13
(3B) An employee is stood down in respect of a day if —14
(a) the employee is employed by an employer on15
the day; and16
(b) the employee would usually work in that17
employment on the day; and18
(c) 1 of the following applies in relation to that19
employment —20
(i) the employee was given a jobkeeper21
enabling stand down direction22
authorised by the Fair Work Act 200923
(Commonwealth) repealed24
section 789GDC for the day;25
(ii) the employee is stood down for the day26
under the Fair Work Act 200927
(Commonwealth) section 524(1);28
(iii) the employee is stood down for the day29
under an industrial instrument;30
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Part 2 Employees stood down or on workers compensation
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(iv) the employee is stood down for the day1
in prescribed circumstances.2
(3C) An employee is on workers compensation in respect of3
a day if —4
(a) the employee is employed by an employer on5
the day; and6
(b) the employee would usually work in that7
employment on the day; and8
(c) the employee is entitled to receive income9
compensation under the Workers Compensation10
and Injury Management Act 2023 Part 211
Division 3 for a period that includes the day.12
13
5. Section 3B inserted14
After section 3 insert:15
16
3B. Day of service17
(1) A day of service is —18
(a) a day in respect of which an employee is19
entitled to receive ordinary pay, including a day20
on which the employee is —21
(i) on long service leave under this Act; or22
(ii) on annual leave in excess of 4 weeks in23
any period of 12 months; or24
(iii) on paid sick leave;25
or26
(b) a day in respect of which an employee is stood27
down, if the employee is —28
(i) not employed on a casual basis; or29
Construction Industry Portable Paid Long Service Leave Amendment
Bill 2025
Employees stood down or on workers compensation Part 2
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(ii) employed on a casual basis and has1
worked in that employment on a regular2
and systematic basis during the period3
of 12 months ending on the day;4
or5
(c) a day in respect of which an employee is on6
workers compensation.7
(2) If an employee is stood down for a period exceeding8
1 day, the reference in subsection (1)(b)(ii) to the day is9
a reference to the first day of the period for which the10
employee is stood down.11
12
6. Section 21 amended13
In section 21(3) delete the definition of ordinary pay and insert:14
15
ordinary pay means the average ordinary pay, as16
defined in section 3, of the person over the period in17
which the person completed their most recent 220 days18
of service in the construction industry.19
20
7. Section 28 amended21
Delete section 28(4B) and insert:22
23
(4B) For the purposes of subsections (1) and (2), a person is24
not engaged or employed in employment for hire or25
reward in respect of a day if the person is —26
(a) on workers compensation in respect of that day;27
and28
(b) absent from their employment on that day.29
30
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8. Schedule Division 3 inserted1
At the end of the Schedule insert:2
3
Division 3 — Construction Industry Portable Paid Long4
Service Leave Amendment Act 20255
Subdivision 1 — Preliminary and transitional regulations6
4. Terms used7
In this Subdivision —8
amendment Act means the Construction Industry Portable9
Paid Long Service Leave Amendment Act 2025;10
transitional regulations means regulations made under11
clause 6(2).12
5. Application of Interpretation Act 198413
The Interpretation Act 1984 Part V applies in relation to14
amendments made by the amendment Act subject to this15
Division and transitional regulations.16
6. Transitional regulations17
(1) In this clause —18
publication day, for transitional regulations, means the day19
on which the regulations are published in accordance with20
the Interpretation Act 1984 section 41(1)(a);21
specified means specified or described in transitional22
regulations;23
transitional matter means a matter or issue of a transitional,24
savings or application nature.25
(2) Regulations may prescribe anything required, necessary or26
convenient to be prescribed in relation to a transitional27
matter in connection with the enactment of, or any28
amendment made by, the amendment Act.29
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(3) Without limiting subclause (2), transitional regulations may1
provide for specified provisions of this Act or another2
written law —3
(a) not to apply to, or in relation to, a specified matter4
or thing; or5
(b) to apply with specified modifications to, or in6
relation to, a specified matter or thing.7
(4) If transitional regulations provide that a specified state of8
affairs is taken to have existed, or not to have existed, on9
and after a day that is earlier than publication day but not10
earlier than the day on which the amendment Act Part 211
comes into operation, the transitional regulations have effect12
according to their terms.13
(5) If transitional regulations contain a provision referred to in14
subclause (4), the provision does not operate so as —15
(a) to affect in a manner prejudicial to a person (other16
than the State or an authority of the State) the rights17
of that person existing before publication day; or18
(b) to impose liabilities on a person (other than the19
State or an authority of the State) in respect of an20
act done or omission made before publication day.21
Subdivision 2 — Amendments relating to employees stood down22
or on workers compensation23
7. Terms used24
(1) In this Subdivision —25
amendment Act means the Construction Industry Portable26
Paid Long Service Leave Amendment Act 2025;27
commencement day means the day on which the28
amendment Act section 8 comes into operation;29
on workers compensation (1981 Act) has the meaning given30
in subclause (2).31
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(2) An employee was on workers compensation (1981 Act) in1
respect of a day if —2
(a) the employee was employed by an employer on the3
day; and4
(b) the employee would usually work in that5
employment on the day; and6
(c) the employee was entitled to receive weekly7
payments of compensation calculated and varied8
under the Workers’ Compensation and Injury9
Management Act 1981 Schedule 1 for a period that10
includes the day.11
8. Application of Act to employees stood down during12
pre-commencement period13
(1) In this clause —14
pre-commencement period means the period beginning on15
1 April 2020 and ending immediately before16
commencement day.17
(2) This clause applies in relation to an employee who, during18
the pre-commencement period, was stood down in respect19
of a day.20
(3) For the purposes of the Board determining the employee’s21
entitlement to long service leave under this Act, the Board22
must apply this Act as if, on that day —23
(a) the definition of day of service was as set out in24
section 3B; and25
(b) the definition of stood down in section 3(3B)26
applied accordingly.27
9. Application of Act to employees on workers28
compensation before commencement day29
(1) This clause applies in relation to an employee who, before30
commencement day —31
(a) was on workers compensation in respect of a day;32
or33
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Employees stood down or on workers compensation Part 2
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(b) was on workers compensation (1981 Act) in respect1
of a day.2
(2) For the purposes of the Board determining the employee’s3
entitlement to long service leave under this Act, the Board4
must apply this Act as if, on that day —5
(a) the definition of day of service was as set out in6
section 3B; and7
(b) the definition of on workers compensation in8
section 3(3C) applied accordingly; and9
(c) the reference in section 3(3C)(c) to income10
compensation under the Workers Compensation and11
Injury Management Act 2023 Part 2 Division 312
included a reference to weekly payments of13
compensation calculated and varied under the14
Workers’ Compensation and Injury Management15
Act 1981 Schedule 1.16
10. Re-registration of particular employees17
(1) This clause applies in relation to an employee referred to in18
clause 8(2) or 9(1).19
(2) Each day in respect of which the employee was stood down,20
on workers compensation or on workers compensation21
(1981 Act) is taken to be a day of service by the employee22
for the purposes of section 23(1)(a) and (b).23
(3) Subclause (4) applies if —24
(a) before commencement day, the Board caused the25
employee’s name to be removed from the26
employees register under section 23(1); and27
(b) the employee would have been entitled to remain on28
the employees register had the provision made by29
subclause (2) applied at the time of the removal.30
(4) The Board may cause the employee to be re-registered on31
the employees register.32
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(5) If the employee is re-registered, for the purposes of the1
Board determining the employee’s entitlement to long2
service leave under this Act, the Board must apply this Act3
as if the Board had not caused the employee’s name to be4
removed.5
11. Board may set aside decision and make different6
decision7
(1) This clause applies if —8
(a) before commencement day, the Board made a9
decision (the original decision) to pay, not pay, or10
pay a particular amount of, a lump sum payment11
under section 22; and12
(b) as a consequence of this Subdivision, the Board13
considers a different decision should be made.14
(2) The Board may, on its own initiative or on the application of15
any person, set aside the original decision and make the16
different decision.17
18
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The Board Part 3
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Part 3 — The Board1
9. Section 3 amended2
In section 3(1) in the definition of member delete “chairman;”3
and insert:4
5
chairperson;6
7
10. Section 6 amended8
In section 6(1)(a) delete “chairman;” and insert:9
10
chairperson;11
12
11. Section 7 amended13
In section 7(3)(a) and (b) and (4) delete “chairman” and insert:14
15
chairperson16
17
12. Section 9 amended18
(1) After section 9(1) insert:19
20
(1A) If a member so requests, the Board may pay a fee or21
allowance to which the member is entitled to the22
principal employer of the member.23
(1B) Payment of a fee or allowance at a member’s request24
under subsection (1A) does not affect the member’s25
duty to act as a member of the Board under this Act.26
27
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Part 3 The Board
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(2) In section 9(2) delete “him” (each occurrence) and insert:1
2
the member3
4
13. Section 10 amended5
(1) In section 10(1):6
(a) delete “chairman” and insert:7
8
chairperson9
10
(b) delete “chairman.” and insert:11
12
chairperson.13
14
(2) Delete section 10(2) and (3) and insert:15
16
(2) The chairperson must preside at any meeting of the17
Board at which the chairperson is present.18
(3) If the chairperson is not present at a meeting of the19
Board the following person must preside at the20
meeting —21
(a) if a person has been appointed under22
section 7(3) to act in the place of the23
chairperson — that person;24
(b) otherwise — the member elected by the25
members present to preside at the meeting.26
27
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The Board Part 3
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(3) After section 10(9) insert:1
2
(10) The presence of a member at a meeting of the Board3
need not be by attendance in person but may be by that4
member and each other member at the meeting being5
simultaneously in contact by telephone or other means6
of instantaneous communication.7
8
14. Section 10A inserted9
After section 10 insert:10
11
10A. Decision without meeting12
A decision in writing signed or otherwise assented to in13
writing by each member has the same effect as if it had14
been made at a meeting of the Board.15
16
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Part 4 Lump sum payments
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Part 4 — Lump sum payments1
15. Section 22 amended2
(1) In section 22(1):3
(a) delete “his” and insert:4
5
the employee’s6
7
(b) delete “him,” and insert:8
9
the employee,10
11
(c) in paragraphs (a) and (b) delete “he” and insert:12
13
the employee14
15
(d) in paragraph (b)(ii) delete “years.” and insert:16
17
years;18
19
(e) after paragraph (b) insert:20
21
or22
(c) where the employee has completed at least23
55 days of service but less than 7 years of24
service and is totally and permanently25
incapacitated for work in the construction26
industry, a sum which bears the same27
proportion to the money value of the28
entitlement referred to in section 21(1)(a) as the29
period of service completed bears to 10 years;30
or31