These amendments provide for:
• Coverage of construction workers who work while on vessels
• Allow early access to entitlements for workers due to total and permanent incapacity, terminal illness, or deceased workers
• Accrual days of service for workers that are stood down or on workers compensation
Details on these changes are provided in the sections below.
Construction Work While on Vessels
Show moreThe amendment addresses circumstances where workers performing construction work while on vessels have been excluded from accessing portable long service leave under the Act.
The amendment will take effect from the date of proclamation, being 1 January 2026.
From that date, workers undertaking construction work on vessels will have their service recorded and entitlements accrued accordingly. Employer contributions will also commence from this date.
Scope of Application
The Act applies to construction work carried out while on any vessel on water in Western Australia or in an offshore area. This includes:
- Vessels operating in offshore areas, as defined in section 3(3) of the Industrial Relations Act 1979 (WA).
- Vessels situated in inland waterways, such as rivers, lakes, estuaries, and similar bodies of water.
For more information, please click the link below.
Total and Permanent Incapacity, Terminal Illness, or Deceased Workers
Show moreThe amendment enables a proportional payment of accrued long service leave benefits prior to a worker reaching the minimum service period of seven years, in the following circumstances:
- Total and Permanent Incapacity (TPI)
- Terminal Illness (TI)
- Deceased Workers.
Access to a proportional payment is subject to a qualifying period of at least 55 days of service being accrued. In addition, evidence is required to support total and permanent incapacity and terminal illness claims, and in the case of a deceased worker evidence of the eligibility of a personal representative to make a claim.
The entitlement commencement is from 29 August 2025 (the day after Royal Assent) as it provides enhanced benefits that did not apply before this date.
For more information, please click the link below.
Total and Permanent Incapacity, Terminal Illness, or Deceased Workers
Stood Down and Workers Compensation
Show moreThe amendment provides that days of service will accrue toward a worker’s long service leave entitlement during periods when the worker is ‘stood down’ or ‘on workers compensation’.
This change addresses a previous anomaly in the legislation where employers were required to make contributions at the worker’s ordinary rate of pay during these periods, but workers were unable to accrue days of service toward their entitlement.
The amendment ensures consistency between employer obligations and worker entitlements.
For more information, please click the link below.
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