The Western Australian Government has confirmed that amendments to the Construction Industry Portable Paid Long Service Leave Act 1985 will come into force on 1 January 2026, extending coverage to construction workers who perform work while on vessels.
The change follows the passage of the Construction Industry Portable Paid Long Service Leave Amendment Act 2025 by Parliament in August and proclaimed today (7 October 2025) to commence in the new year.
The reforms put to effect the Government’s objective to correct what it views as an inequity affecting marine construction workers and to modernise the operation of the State’s portable long service leave scheme.
Marine navigation roles are specifically excluded from the amendments and remain ineligible for coverage.
However, with the scheme’s administering body – MyLeave – likely to take a liberal view as to what type of work should be considered to be “in the construction industry”, members who employ back deck crew on vessels and engineering/maintenance personnel on producing gas facilities, should begin their own analysis and seeking legal and industry advice.
MyLeave’s summary of the changes, including today’s updates, can be found here.
Background: 2016 ruling excluded vessel-based work
The legislative update stems from the 2016 Industrial Relations Commission decision in Thomson v Construction Industry Long Service Leave Payments Board, which found that work undertaken on ships or vessels did not fall within the definition of “construction work” under the Act.
That ruling led to many workers being deregistered from MyLeave, losing their accrued entitlements and in some cases, employers receiving refunds of prior contributions. Since that time, work performed on or from vessels has been excluded from the scheme.
The 2025 Amendment seeks to reverse the effect of that decision and provides for re-registration of affected workers who were previously deregistered due to the 2016 decision, and treats relevant payments or service performed before commencement as though they had always been made under the Act.
In effect, this will restore long service leave recognition for eligible vessel-based construction workers and re-establish continuity of service that was lost following the 2016 ruling.
However, the Government has clarified that no retrospective contributions will be sought from employers for work performed prior to 1 January 2026.
The retrospective elements are confined to restoring service continuity for affected workers, not creating new financial obligations, according to MyLeave.
How affected members should prepare
AREEA members engaged in marine or offshore construction should begin preparing now for the 1 January 2026 commencement. This includes:
Identifying eligible workers who perform construction work on or from vessels;
Ensuring registration with MyLeave for both the business and affected employees;
Updating payroll and reporting systems to capture vessel-based service; and
Including this service in their March 2026 quarter return, due by 15 April 2026.
AREEA maintains a direct line of communication with MyLeave and encourages members to contact AREEA for guidance and/or to assist with clarifying whether certain roles or work scopes should be considered eligible.
For instance, AREEA has received preliminary views from MyLeave on supervisors, back deck marine crew, safety roles, engineering/maintence personnel on FLNG platforms and more.
The lead-in period is designed to provide employers with time to complete the above steps and ensure compliance once the new provisions take effect.
Contact [email protected].
