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.
Self-Propelled Vessels
Show moreConstruction and maintenance work such as ship building/ship maintenance to self-propelled vessels is not covered. However, the following activities are eligible:
- Work on fixtures (temporary or permanent) attached to self-propelled vessels that are used for construction activities (e.g. cranes, cable-laying equipment, etc).
- Work on vessels used for non-navigational purposes, such as extraction, refining and processing of materials, or the production or extraction of products and by-products from materials.
The definition of a self-propelled vessel, as provided in the Act, is detailed in the Vessels Related Definitions section below.
For clarity, the definition of self-propelled vessel includes vessels capable of navigation, meaning substantial and sustained travel under their own in-built systems of propulsion and steering. Self-propelled vessels do not include vessels that contain solely ancillary methods of propulsion predominately used to keep vessels stable, stationary and in position, such as thrusters.
Non-Self-Propelled Vessels
Show moreThere is no change for non-self-propelled vessels (e.g. barges or vessels affixed to the ground), which have always been eligible under the Act.
Ineligible Workers and Activities
Show moreThe following are not eligible under the amendment:
- Maritime workers (seafarers).
- Workers engaged to operate a vessel or in managing cargo or passengers.
- Workers performing shipbuilding or maintenance to self-propelled vessels themselves.
- Workers performing work while on vessels that are on land.
- Workers on vessels outside Western Australian waters that may travel internationally.
- Foreign workers on vessels, that have no substantial connection with Western Australia due to the transient nature of their work.
Retrospective Application for Workers Affected by the 2016 WAIRC Decision
Show moreThe amendment will apply retrospectively where days of service were removed from a worker’s MyLeave record following the 2016 WAIRC decision (Ben Thompson v The Construction Industry Long Service Leave Payments Board (2016) WAIRC 00054), so that the service of a worker on a ship or vessel prior to the amendment does not count toward a break in service that may have caused a worker to be deregistered.
If a worker had been deregistered in these circumstances and the worker would have been eligible for registration had this amendment been in effect at the time of removing the days of service, the worker may be re-registered. However, the worker is not entitled to days of service during this period as no contributions had been made by their employer.
Further, if prior to the amendment a worker was, paid a lump sum, denied a lump sum payment, or provided a specific amount as a lump sum payment, the payment may be adjusted. This ensures that any workers who were either granted or denied a long service leave payment due to being classified as working on a ship are not disadvantaged, had the amendment been in effect at the time.
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