Improving the building and construction long service scheme

The NSW Government is improving the long service payments scheme for building and construction workers and their employers.

The scheme provides a portable long service payment for eligible workers, or contractors, who might have multiple employers over their working life. This long service benefit is paid for by a levy on building and construction work in NSW.

We are asking for your feedback on proposed changes to the Building and Construction Industry Long Service Payments Regulation.

These changes include:

  • reducing the levy rate to help save costs for businesses
  • increasing the value threshold for projects that attract the levy to encourage investment
  • introducing penalty infringement notices to improve compliance and enforcement

We want to hear from anyone working in building construction, as well as the general public.

Tell us what you think

Your feedback will help us improve the long service payments scheme for the building and construction industry in NSW.

For more information, please refer to the:

Thank you for your feedback

This consultation closed on 31 July 2022. In total, we received 13 submissions – 9 surveys and 4 written submissions.

Commencement of the new Regulation

The Building and Construction Industry Long Service Payments Regulation 2022 (new BCI Regulation) was approved by the Minister and the Executive Council. The new BCI Regulation commenced on 1 September 2022 and can be found on the NSW Legislation website.

The NSW Government is improving the long service payments scheme for building and construction workers and their employers.

The scheme provides a portable long service payment for eligible workers, or contractors, who might have multiple employers over their working life. This long service benefit is paid for by a levy on building and construction work in NSW.

We are asking for your feedback on proposed changes to the Building and Construction Industry Long Service Payments Regulation.

These changes include:

  • reducing the levy rate to help save costs for businesses
  • increasing the value threshold for projects that attract the levy to encourage investment
  • introducing penalty infringement notices to improve compliance and enforcement

We want to hear from anyone working in building construction, as well as the general public.

Tell us what you think

Your feedback will help us improve the long service payments scheme for the building and construction industry in NSW.

For more information, please refer to the:

Thank you for your feedback

This consultation closed on 31 July 2022. In total, we received 13 submissions – 9 surveys and 4 written submissions.

Commencement of the new Regulation

The Building and Construction Industry Long Service Payments Regulation 2022 (new BCI Regulation) was approved by the Minister and the Executive Council. The new BCI Regulation commenced on 1 September 2022 and can be found on the NSW Legislation website.

  • New Regulation commenced on 1 September 2022

    The Building and Construction Industry Long Service Payments Regulation 2022 (new BCI Regulation) was approved by the Minister and the Executive Council. The new BCI Regulation commenced on 1 September 2022 and can be found on the NSW Legislation website.

    The new BCI Regulation introduces a power to issue penalty infringement notices (PINs). To support the industry with this change, there are transitional arrangements in place till 31 March 2023. A Statement of Regulatory Intent sets out the details and can be found on the Long Service Corporation website.

    Consultation process and overall response

    The proposed BCI Regulation was released for public and stakeholder consultation from 1-31 July 2022. In total, we received 13 submissions – 9 surveys and 4 written submissions. All publishable submissions can be found on this consultation page.

    All submissions received were considered and contributed to further develop the new BCI Regulation. The more substantive amendments in the proposed BCI Regulation regarding the levy rate, threshold amount and PINs were not changed in finalising the new BCI Regulation.

    A small number of refinements were made to the proposed BCI Regulation to address issues raised, including:

    • updating the title to a number of awards under the Fair Work Act 2009
    • expanding clause 10 to include a person receiving either a pension under section 37 (invalidity service pension) or section 38 (partner service pension) under the Veterans’ Entitlements Act 1986
    • adding a new clause to prescribe the Director of the Long Service Corporation as the office/position holder to sign certificates regarding long service levy payments
    • updating clauses to be consistent with the new Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2022.

    We thank all those who contributed to the remake process and had their say.