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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have been approached by "My Leave" a Service Leave scheme.

Customer Question

I have been approached by "My Leave" a Long Service Leave scheme. I have been told that all my employees/tradesman should have been getting paid monies into this scheme since their commencement date.
All my staff have individual agreements including Long Service leave. All are on above award wages.
They are demanding company records and personal details of my staff and threatening fines and back payments. I have been in business for over 10 years and never heard of this scheme. We are a Building Maintenance business that works predominantly at the Airport.
Do I have to pay into this scheme?
Do I have to supply personal and payroll details to them?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

It does not matter if they are paid above award or not. They are entitled to long service leave and you will be liable to pay them when they leave if they meet the criteria based on the wages they are earning on the date they leave.

It appears under the law that you are liable to register in the scheme and the only ones that you have to pay for are the independent contractors not employees.

The following link provides detailed information for you.

http://www.myleave.wa.gov.au/employers/scheme-overview/

If you have employees that only work for you then it appears you do not have to pay into the scheme.

It is a WA government body set up to pay Contractors LSL when they retire.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
Thanks. On the website it does state "Employees" it does make more sense that this is for Sub Contractors.
Customer: replied 1 year ago.
I have attached an info sheet that states employees. Please confirm your information that this applies to sub contractors only.
Expert:  Leon replied 1 year ago.

Good Afternoon

If the people you employ are not contractors you do not have to pay into the scheme.

it only applies to subcontractors