Independent Review of the Construction Industry Portable Paid Long Service Leave Act 1985

Overview

An Independent Review Report into the Construction Industry Portable Paid Long Service Leave Act 1985 has been released.

The Minister's media statement releasing the Review report can be viewed at Media Statement.

The Act was introduced in the mid 1980's to allow construction workers to carry long service leave benefits from employer to employer.

KPMG undertook the Review in 2023 to ensure portable long service leave arrangements continue to benefit construction workers and employers in WA.

The Review is a comprehensive look at the operation of the legislation that governs portable long service leave for construction workers in WA. The Review found the Act has been historically effective in providing benefits for the construction workforce, however, developments in WA’s industrial relations environment means the Act requires amendment to reflect the modern construction workforce.

The Review addresses the terms of reference established by the Government and makes 14 major findings and recommendations for targeted legislative reform covering core themes of coverage and eligibility under the Act, treatment of benefits and entitlements, as well as compliance, regulatory and administrative matters. 

The Review does not recommend structural reform to fundamentally alter the architecture of the existing legislative framework, however, does recommend some legislative amendments to ensure the Act remains fit-for-purpose. 

Additionally, the Review recommends that some proposed reform measures be further tested and validated with stakeholders, to settle outstanding policy positions prior to legislative reform being progressed.  Further stakeholder consultation will be undertaken as detailed below.

Follow this link to review the Independent Review Report.

Stakeholder Consultation

KPMG engaged a range of MyLeave stakeholders to obtain input and information relevant to the recommendations in the Review report. Several stakeholders made written submissions as part of the initial consultation, and these are available in the section below with the agreement of those stakeholders.

KPMG has been engaged to carry out additional stakeholder consultation prior to legislative reform being progressed. KPMG will then provide further advice to Government on the final recommendations.

The further consultation is to be undertaken on the Review recommendations, including specific consultation on some key areas where industry expertise is required.

This consultation is scheduled to be held in July 2024 and further details will be provided.

We thank stakeholders that have participated in the review process to date and look forward to their continued input into the consideration of the recommendations for the benefit of the construction industry