Can I join QLeave?

Who is eligible?

Under the Building and Construction Industry (Portable Long Service Leave) Act 1991, you may be eligible to register with QLeave if you perform eligible building and construction work in Queensland for the majority of your ordinary working hours.

Eligibility is determined by the type of work you perform and the nature of your engagement.

You may be eligible for QLeave if you are engaged:

• as a trainee or apprentice
• as a casual, part-time or full-time employee
• as a subcontractor (other additional criteria may apply)
• to perform eligible building and construction work and/or supervise workers carrying out eligible building and construction work
• through a labour-hire company

A working director may also be eligible where you:

• personally perform eligible building and construction work, and
• receive regular remuneration for that work (other additional criteria may apply)

Where you are eligible, your employer may register you when lodging a worker service return with QLeave, usually at the end of the financial year.

You may also apply to register directly with QLeave online or request a paper registration form. Processing times for paper applications may be longer.

Who is not eligible?

You are not eligible to register with QLeave where you:

• do not perform eligible building and construction work
• are engaged to achieve a stated result or outcome and:
• supply all, or substantially all, of the plant, equipment, or tools required to perform the work, and
• are, or would be, liable for the cost of rectifying defects in the work performed
• are a working director who:
• performs management duties only
• does not receive regular remuneration, or
• receives directors’ fees only
• are a sole trader working directly for members of the public
• perform work solely in a managerial, clerical, professional, or ancillary capacity
• operate as a partner in a partnership
• are employed by the federal, state, or local government*
• are employed by Mt Isa Mines
• are performing qualifying service within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cwlth), section 39A(2)
• are engaged by an employer that is not substantially involved in the building and construction industry (for example, a carpenter employed full-time by a retail business to construct in-store displays)
• are covered by a personal services business determination under section 87-60 of the Income Tax Assessment Act 1997 (Cwlth)
• are under 13 years of age

* State and local government apprentices and trainees performing eligible building and construction work may still be able to record service with QLeave while completing their apprenticeship or traineeship.

How your eligibility is assessed

QLeave assesses your eligibility based on:

• the type of building and construction work you perform, and
• the nature of your engagement
• your employer

You may be required to provide supporting information or documentation to confirm your eligibility, including:

• employment details
• payslips, tax records or invoices
• apprenticeship or traineeship information
• contracts or subcontractor arrangements
• details of the building and construction work performed

If QLeave is not satisfied that you meet the eligibility requirements under the Act, your application for registration may be refused.