Workers performing the role of “Supervisor” are only eligible if they are principally employed to perform work that aligns with those of a Foreman under clause 5.1 of the Foreman (Building Trades) Award 1991 or perform work within Schedule A of the Building and Construction General On-site Award 2020.
Eligibility is assessed on the ‘principal’ or ‘substantial’ purpose of the worker’s employment, being their actual duties and functions, not their job title. A worker’s actual duties can differ from their job title or job description and can change over time. As a result, eligibility can change.
An examination of the nature of the work, the performance of the work and the circumstances in which the worker is employed is used to determine the principal purpose for which the worker is employed.
MyLeave was designed to provide long service leave entitlements for workers genuinely involved in hands-on construction work (and may include supervision).
Someone who is a leading hand or is working on the tools regularly but who also has some supervisory duties is likely to fall under a prescribed classification and be eligible.
However, workers who are more senior, have mainly project management related accountabilities and who are office based, ‘white collar’ workers are not eligible. An eligible classification does not apply to a worker whose role can properly be classified as "Project Manager" or “Superintendent”. A high level of remuneration may be an indicator that a role is more senior and not eligible.
If there are scenarios you wish to discuss, please contact our Compliance and Advisory team at compliance@myleave.wa.gov.au
What defines a Supervisor/Foreperson for the purpose of MyLeave eligibility?
Show moreAn Eligible Supervisor or Foreperson is a worker that is principally employed to:
- be mainly engaged for the supervision of employees on one or more sites; and
- perform one or more of the following duties:
(a) ensures that the programming of work is met.
(b) orders materials.
(c) responsible for the quality control of the work being supervised.
In addition to the above criteria being met, a worker may control, direct or supervise the work of subcontractors.
Eligible Supervisors do not include workers that are mainly employed as site managers, superintendents, or project managers. Department heads, general managers, engineers, and the like are not eligible.
Is a Supervisor that works some of their time on-site eligible for the Scheme?
Show moreOnly Supervisors that work most (i.e. more than 50%) of their time on-site are eligible. If their time is spent mostly off-site (i.e. in an off-site office), the employee is not eligible.
Time spent in on-site offices are considered to be part of a supervisor’s on-site time. An on-site office include structures like dongas, demountable structures, caravans and any other structures used for the purpose of construction. It is important to note that for MyLeave purposes, any day, or part-day worked on-site is considered to be 1 day of service.
Example
A cabinet maker engages workers both in the workshop (manufacturing) and installing the cabinets (on-site). The criteria used to determine whether contributions are required, is whether the workers are substantially engaged within the construction industry (more than 50% of time on site installing). If less than 50% of time was on-site, contributions would not be required even though they work in an eligible classification of work.
What does working on-site mean?
Show moreOn-site is any location where construction work (as defined in the Act) is being carried out but does not include a location where workers are employed in an employer’s own premises including their workshop, yard or factory. It also includes an office set up on site for the purpose of construction (e.g. dongas, demountable structures, caravans and any other structures used for the purpose of construction).
Construction work includes the construction, erection, installation, reconstruction, re-erection, renovation, alteration, demolition or maintenance of or repairs to (inclusive of); buildings, roads, railways, bridges, tunnels, pipelines, drainage, generation, supply or transmission of electricity, fences.
The full list of construction work is provided in section 3(1) of the Act under the definition of construction industry.
I have a residential building company, my supervisors attend the office first thing and then visit various sites throughout the day checking on scheduling of works. Most of the construction work is done by contractors. Would they be covered?
Show moreNo. The supervisors must be mainly engaged in the direct supervision of employees on-site to be eligible.
If Project Managers and General Managers are on-site, are they to be included?
Show moreWorkers engaged as supervisors (as defined above) are to be included. Their duties as Managers traditionally outweigh those of the Foreman/Supervisor role and would not be considered eligible.
Cases would only be considered if it can be proven that the nature of the work the Manager is actually performing is mainly aligned with those of a Foreperson/Supervisor role, and this is the principal purpose for employment. That being their substantive role is on one or more sites, directly overseeing the work of employees, and/or ensures the program of work is met, orders materials, is responsible for the quality control of the work being supervised.
What happens if our employees are engaged under awards other than those prescribed (under the regulations)?
Show moreContributions are required if their classification/s of work are listed in the Prescribed Awards. The Prescribed Awards are used to determine eligibility. The industrial instrument (Award, EBA, EA, IFA etc) that the employee is employed under is not the sole determining factor used to establish eligibility.
MyLeave determines eligibility based on the ‘principal’ or ‘substantial’ purpose of the worker’s employment, being their actual duties and functions, not their job title.
