Employer obligations

Requirements as an employer

If you are a covered employer under the Portable Long Service Benefits Scheme, you need to comply with your obligations under the Long Service Benefits Portability Act 2018(opens in a new window) (Vic).

It is your responsibility to understand and comply with your legal obligations under the Act.

What you need to do

Register your business

Registration with the Portable Long Service Authority is compulsory for covered employers in the community services, contract cleaning and security industries.

Penalties may be imposed if you fail to register.

Employers must register within 3 months of becoming an employer in the industry.

If you have questions regarding your registration, please contact the Authority and/or obtain independent professional advice.

Apply to register(opens in a new window) with the Portable Long Service Authority.

Submit quarterly returns

It is a legislative requirement that employers submit quarterly returns to the Portable Long Service Authority. Quarterly returns are submitted through the employer portal.

These returns include information about:

• name of covered worker(s)
• the time worked and ordinary pay received by covered workers during the period
• any long service leave taken by workers during the period
• the start and end date of employment (if applicable)
• details of covered workers who cease work during the period.

Find out more about submitting quarterly returns.

Register workers through your quarterly return

Employers are required to register their covered workers for the Scheme through their quarterly return. Each quarter you must ensure that you have included new workers in your quarterly return.

Pay your levy

Employers are required to pay a levy each quarter that’s based on the time worked and ordinary wages paid to their workers, as reported in the quarterly return.

Levy payments are payable within 14 days and can be paid by BPay and EFT. The levy is set by the Governing Board and is currently:

• 1.65% of workers’ ordinary wages for community services
• 1.80% of workers’ ordinary wages for contract cleaning and security

Keep records

Employers should keep records of their compliance with their obligations, including:

• worker details such as name and date of birth and when they began service with the employer
• the nature of the work performed by workers
• time worked and ordinary pay received by each worker
• long service benefits provided to the worker under this legislation, the Long Service Leave Act 2018, or a fair work instrument
• any other long service benefits paid or given to the worker
• the date a worker stops working for the employer.

Approve worker leave

Workers who have at least 7 years of recognised service under the Scheme are eligible to claim their portable long service benefits.

Contract cleaning and security workers

Contract cleaning and security workers must take leave from work when claiming portable long service benefits. They must not work during the leave period.

Workers who are taking leave will ask employers to fill in a ‘Long service leave employer approval form’ to confirm leave dates. Workers send this form to us with their portable long service claim.

Employers cannot refuse a leave request unless there are reasonable business grounds to do so. Workers may apply to the Authority for a determination if they believe their request was unreasonably refused.

Superannuation is not paid for workers during their portable long service leave. However, you should check if an enterprise agreement requires superannuation contributions to be paid for workers taking portable long service leave.

Community services workers

Community services workers are paid their portable long service entitlement as a cash benefit. They are not required to take leave from their employer.

Please note: Community services workers cannot claim portable long service benefits if they are already eligible for traditional long service leave (or under an industry award or enterprise agreement) with their employer.

Keep your contact details up to date

We must be advised of changes to your contact details. You can update your contact details through the employer portal(opens in a new window) or by calling us on 1800 517 158.

Further information