MyLeave: Portable Long Service Leave in Western Australia

What it is

Western Australia runs its portable long service leave scheme under the Construction Industry Portable Paid Long Service Leave Act 1985 (WA). The scheme is administered by MyLeave, the Construction Industry Long Service Leave Payments Board.

MyLeave records days worked in the WA construction industry against the worker, not against the employer. When the worker eventually takes the leave, MyLeave pays it.

WA is a contribution scheme, not a levy scheme

There is no project levy in Western Australia. Nothing is collected at building approval and nothing is calculated on the value of the work.

Instead every registered employer pays a contribution on the ordinary pay of every eligible worker, every quarter. A builder who has worked in New South Wales or Queensland and expects the scheme to be funded off the permit will be unregistered and accruing arrears.

The contribution rate

For the 2026 calendar year the contribution rate is 0.75 per cent of the ordinary rate of pay. It has stayed at 0.75 per cent since 2025, and MyLeave notes this sits below the long term cost of worker entitlements of roughly 1.1 per cent a year.

The rate is set by the Minister on advice from the MyLeave board and a report from an actuary, and it is reviewed annually. It changes from 1 January, not 1 July, so ordinary pay and reportable service days are calculated in calendar years rather than financial years.

Ordinary pay is the daily rate the worker gets for ordinary hours, including allowances that would still be paid while on leave. It excludes annual leave loading. For casuals who get no paid leave, ordinary pay is the rate for ordinary hours and includes casual loading.

No contribution is payable on apprentices, but their days still have to be reported. Apprentices get their service credits at no cost to the employer.

Who registers

• Every employer as defined in the 1985 Act must register with MyLeave. Registration is compulsory
• A worker is eligible if they are employed in a classification in a prescribed award relating to the construction industry and are working on site
• Working directors are a special category. They only report days they were on site working in a prescribed classification, and they must be drawing a regular PAYG wage with pay slips and bank records to back it
• Workers on a working visa are eligible

Returns and enforcement

Return forms go out at the end of each quarter and must be lodged with payment within 15 days of the quarter ending. Surcharges apply if that slips.

MyLeave inspectors can enter an employer's premises at any reasonable time and inspect books and records. Employers must keep each worker's name, address, date of birth, registration number, start and finish dates and days on site for at least seven years. Failure to register or pay contributions can bring fines plus surcharges on the outstanding amount.

Service and the entitlement

A worker gets one year of service for every 220 days worked, and 220 is the maximum that can be credited in any year.

• At 2,200 service days, being 10 years, the worker is entitled to 8 2/3 weeks of leave
• For each 5 years after that, a further 4 1/3 weeks
• Leave cannot be taken in more than 3 periods, or in periods of less than 1 week
• At 1,540 service days, being 7 years, a pro rata entitlement of 6 weeks becomes available with the employer's agreement, or as a lump sum on termination

Below 1,540 days there is no entitlement at all. If a worker breaks continuous service before reaching 7 years, every accrued day is extinguished and MyLeave has no discretion about it. Breaks of up to 2 years in the first 5 years, and up to 4 years after that, do not break continuous service.

MyLeave pays the leave at the worker's ordinary rate averaged over their last 220 service days.

What to do about it

• Register the business with MyLeave before the first eligible worker starts
• Lodge the quarterly return with payment within 15 days of the quarter ending
• Report apprentice days even though no contribution is charged on them
• Keep worker records for seven years so an inspector can see them
• Where you have paid long service leave directly under another Act or instrument, lodge an employer recovery claim with MyLeave rather than absorbing it twice