Community Services Portable Long Service Leave Scheme (Queensland Government)

A bill to create a Portable Long Service Leave scheme (PLSL) for the community services sector has passed the Queensland Government, but a commencement date has not yet been determined. The PLSL is similar to schemes established for the construction and contract cleaning industries.

The Bill recognises that employees who work within this sector typically will not accrue an entitlement to long service leave given the insecure nature of the work and being engaged on regular short-term contracts.

Long service leave in Queensland is provided for under the Queensland Industrial Relations Act 2016 and entitlement to long service leave is not typically portable between employers within the same industry. The PLSL scheme aims to recognise employees working within the Community Services industry and allow them to accrue an entitlement across many employers within the industry.

The PLSL will:

• Be managed by QLeave, a government authority
• Apply to both for-profit and not-for-profit organisations
• Cover workers, including contract workers, engaged by an employer that provides community services (generally services covered by the Social, Community, Home Care and Disability Services Industry Award 2010). Schedule 1 of the legislation contains a full list of community services. See an example of the services in the table below.
• Employers will need to register for the scheme once it commences and provides quarterly reports to QLeave
• Employers must pay a levy of 1.35% of the worker’s ordinary
• Provide workers with an entitlement to LSL after 7 years’ service with accrual rate of 8.67 weeks after 10 years’ service
• Not replace an employer’s obligation to pay LSL to a worker who performs the eligible period for entitlement with the employer
• Provide payment options for employers and workers during a period of LSL
  • to maintain any salary sacrifice arrangements for the worker during the leave period
  • payments from QLeave are based on service credit days with the scheme i.e. if a worker reaches 10 years of service after participating in the scheme for 12 months, the PLSL will provide a payment based on one year of service credit days
  • an employer can request a prospective payment from QLeave
  • the employer can request a reimbursement from QLeave
  • the worker makes a claim payment directly to QLeave
• An employer must register for the scheme within 90 days of the scheme commencing
• Impose penalties on employers who do not register for the scheme, pay the levy or fail to comply with a notice to pay all or part of the workers PLSL entitlement

Employers are encouraged to register their interest online with QLeave. If the PLSL applies to you, please click here and follow the link to register your interest.

The table below outlines the types of community services covered by the PLSL and which may apply to the Queensland Synod: