Employer obligations for the contract cleaning industry long service leave scheme
Learn about your obligations for the contract cleaning industry portable long service leave scheme if you are an employer in NSW.
Eligible employers
Employers covered by the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 (the Act) are those who employ one or more workers who perform contract cleaning work.
A business is not considered an employer under the Act if it does not employ any workers in addition to:
- the directors of a corporation
- partners of a partnership
- trustees of a trust.
Workers covered by the scheme
The contract cleaning industry portable long service leave scheme (the scheme) covers workers in the contract cleaning industry and anyone who is employed under a contract of service by an employer to perform cleaning work. A worker can be:
- full time
- part time, or
- casual.
Learn more about worker eligibility.
Compliance obligations for employers
Contract cleaning industry employers must:
- register with the Long Service Corporation (LSC) within one month of becoming an employer
- lodge quarterly returns detailing gross ordinary wages paid to each worker during that period
- pay a quarterly levy to LSC
- keep accurate and timely records.
Keeping worker records
Employers must keep worker records for at least 7 years after a worker leaves the business.
For each worker, you must keep a record of:
- name and date of birth
- registration number of the worker if they are registered
- description of work they carried out
- gross ordinary wages for each return period
- number of days worked in each return period
- dates of employment and termination (if applicable)
- long service leave granted
- pro rata payment details, if made instead of long service leave when they stopped working.
Worker start and end dates
LSC has introduced practical definitions for both start and end dates to assist employers in meeting their obligations under the Act.
For a worker, the engagement period usually starts on the earliest of the following dates:
- the date agreed between the employer and worker for the worker to start cleaning work in NSW
- the date the worker accepts an offer of employment to perform cleaning work in NSW, if no start date was agreed
- a date set out in an applicable industrial instrument, such as an award or enterprise agreement, or
- if no agreed date exists, either:
- the first day the worker performed eligible work, or
- the first day of the quarter in which the worker first performed eligible work.
The ‘engagement period’ is taken to end on:
- a date agreed to by both parties that the contract of service to perform cleaning work in NSW will end
- the date the employer terminates the worker's contract of service
- the date the worker terminates the contract of service, or
- either the last date eligible work was performed or the last date of the last quarter in which the worker performed eligible work will be used in the absence of an agreed date.
Penalties for non-compliance
Penalties apply if you do not meet your legal obligations as an employer in the contract cleaning industry.
Learn more about penalties.
If you cease trading
Let LSC know so we can update our records. You will need to:
Appeal a decision
Some decisions made by LSC can be appealed to the independent Contract Cleaning Industry Long Service Leave Committee.
Appeals must be lodged within 42 days of the date you’re notified of a decision. The Committee Chairperson may accept an appeal within 6 months in the event of exceptional circumstances.
Learn more about appealing an LSC decision.