MyLeave Employer FAQ

Some of our most commonly asked questions are answered here
Last updated:

Do I need to register?

It is compulsory by law for eligible employers to register with MyLeave. This is established under the Construction Industry Portable Paid Long Service Leave Act 1985 (the Act).

What is the definition of employer?

‘Employer means a natural person, firm or body corporate who or which engages persons as employees in the construction industry’; or ‘labour hire agency which arranges for a person who is a party to a contract of service with the agency to do work in the construction industry for another person’.

Workers include individual subcontractors hired principally for labour and paid by the day or hour.

Ordinary Pay

The ordinary pay for reportable Service Days will vary depending on if the worker is entitled to paid annual leave or not.

For workers entitled to paid annual leave, ordinary pay means the rate of pay (disregarding any leave loading) to which the person is entitled for [annual] leave (other than long service leave) to which the person is entitled.

The ordinary pay reported for your employees who are entitled to paid annual leave under their terms of employment (including contracts of employment) should be:

  • Their daily rate of pay while on paid annual leave (inclusive of allowances that are paid while on annual leave and excluding leave loading) multiplied by;

  • The number of days of service you are reporting for them. 

Please note that ordinary pay does not include annual leave loading but does include other amounts such as rental allowance, utilities allowance, living away from home allowance etc. – if these allowances are due to a worker when on paid annual leave.

If a worker is not entitled to paid annual leave (other than long service leave), the ordinary pay of the person is the rate of pay to which the person is entitled for ordinary hours of work. For instance, the ordinary rate for casuals will include casual loading, other applicable allowances, and may include weekend work.

Ordinary pay and reportable Service Days must be calculated in calendar years and not financial years as the levy may differ from 1 January of each year.

If you require assistance to determine the correct Ordinary Pay of your employee/s, please contact us for assistance.

Contribution rate

To view the current Contribution Rate, please visit the 2023 Contribution Rate announcement. 

Note that the ordinary rate of pay is not the award rate. See ‘Ordinary Pay’ above for more detail.

Is maintenance work included?

Yes. Maintenance work is covered by MyLeave where:

  • it is routine and minor in nature; and
  • undertaken on fixed-plant

Do I need to report for workers who are employed under a working visa?

Yes, workers who are employed in Western Australia under a working visa are to be included on Quarterly Returns.

Am I required to register?

If you employ workers in a classification of work within one of the prescribed awards, and that work is being done on-site, you will need to register.

If you are unsure of whether you are required to register or not, please contact us.

How do I Register?

Just complete and submit an Employer Registration Application Form (opens a new window).

Registration certificates confirming registration are sent to employers after their applications have been processed and accepted.

Can a worker who has been paid long service leave by MyLeave work during their scheduled leave?

No, if a worker has been paid to take long service leave by MyLeave they cannot work during their approved leave period. If you urgently need to recall the worker, please contact us so that we can provide you with options assist you with this issue.