New laws boost portable long service for community sector workers

Posted on 05 Mar 2021

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Portable leave entitlements for community sector workers, which allow employees to accumulate long service benefits when they switch employers, continue to be rolled out in Australia.

The provisions now apply in three jurisdictions: the ACT, Victoria and NSW. Not-for-profit leaders should expect that other states and territories will follow.

Portable long service schemes have been available in mining as early as 1949, then construction in the ‘70s, and more recently in cleaning and security industry sectors.

The ACT was the first to extend the provisions to community service workers, with those registered after July 2010 eligible to accumulate entitlements.

Victoria has recently refreshed regulations after introducing laws in 2019, while Queensland introduced a new scheme in January 2021.

Our Community’s new legal partners Maddocks recently explained recent changes to Victorian regulations, which include:

  • Changes to the awards and definitions covered by “community service work”
  • Defining who counts as an employer and employee in the sector
  • Addressing the issue of “double dipping” where employees might qualify for more than scheme
  • Types of employers that are “prescribed” or required to make leave contributions

For more detail about how things are changing in Victoria, read Maddocks’ summary of the portable long service regulations review.

MORE INFORMATION

Victorian Government portable long service leave consultation

Queensland community services scheme

ACT rules for the community sector

Fair Work Ombudsman information on long service

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