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Legislation

The Construction Industry Long Service Leave Act 1997 is an act of Parliament that creates a Scheme providing for portable long service leave in the Victorian construction industry. The Scheme is administered in accordance with a Trust Deed and the Rules attached to it. A public company, CoINVEST Limited (trading as LeavePlus) is the named Trustee and empowered to administer and enforce the Scheme created by the Act and the Rules.

The LeavePlus Portable Long Service Leave Scheme covers employers and persons who are employed to perform work covered under the Rules of the Scheme. The menus below contain the operational Scheme Legislation such as the Rules of the Scheme and Long Service Leave Act, as well as documents and legislation around our constitution such as the Trust Deed and Articles of Association.

LeavePlus Enforcement Policy – what employers need to know

LeavePlus is here to make sure workers can access their paid long service leave.

To do that, we rely on employers to follow the rules. And we’ve got a clear policy to guide how we respond when they don’t.

What are employers expected to do?
Under the scheme, employers must:

  • register with LeavePlus
  • submit returns
  • pay long service leave charges
  • keep proper records
  • provide information when requested.

How LeavePlus enforces the rules
Our Enforcement Policy explains how we use our legal powers. When employers don’t follow the rules, we may:

  • Take employers to court if they don’t submit required reports.
  • Recover money from employers who don’t pay what they owe.

When taking enforcement action, we’re now guided by 5 key principles:

  • Impartiality – We make decisions fairly and without outside pressure.
  • Proportionality – Our actions match the seriousness of the breach.
  • Consistency – Similar breaches are treated in similar ways.
  • Transparency – We share information about our actions with the public.
  • Efficiency – We act quickly to fix problems.

LeavePlus counts on employers to do the right thing—and most do. But when responsibilities aren’t met, we’ll step in to make sure workers are protected.
To learn more, refer to the LeavePlus Enforcement Policy.

To help workers, we may seek Court orders against employers to:

  • obtain outstanding information
  • pay fines and legal costs
  • record a criminal conviction
  • pay debts owed plus interest.

Refer to our prosecutions register for a list of employers we’ve taken to Court, and the orders made.