In New South Wales, contract cleaners are entitled to long service leave under the Contract Cleaning Industry (Portable Long Service Leave) Act 2010, which provides a portable scheme that lets you accrue leave across multiple employers in the industry. This means your service is recognised even when you change cleaning companies, and you can claim a payment after 10 years of qualifying service.
How the Portable Scheme Works
The NSW contract cleaning industry has a unique portable long service leave scheme, administered by the Contract Cleaning Industry (Portable Long Service Leave) Authority. Unlike standard long service leave, which is tied to one employer, this scheme treats your entire career in contract cleaning as continuous service.
Key features:
- You accrue entitlement from your first day of work as a contract cleaner, regardless of which employer you work for.
- After 10 years of qualifying service, you can claim a long service leave payment.
- The payment is based on your average weekly earnings over the last 52 weeks, or your entire period of service, whichever is higher.
- Employers pay a levy (currently 1.4% of wages) to the Authority, which funds the scheme.
Who Is Covered
You are covered if you work in the contract cleaning industry in NSW, including:
- Cleaners employed by a cleaning contractor (not directly by the client)
- Supervisors and managers who spend at least 50% of their time doing cleaning work
- Part-time and casual cleaners, as long as you work regular hours (at least 20 hours per week on average)
You are not covered if you are a sole trader, a sub-contractor, or if you work directly for a company that is not a cleaning contractor (e.g., a retail store’s own cleaner).
How to Claim Your Entitlement
When you reach 10 years of qualifying service, you can apply to the Authority for a long service leave payment. The process is straightforward:
- Check your service record by logging into the Authority’s online portal (you can request a statement anytime).
- Complete the claim form, providing your employment history and bank details.
- Submit the form online or by post.
- The Authority verifies your service with your employers and processes the payment.
You can claim your payment as a lump sum, or take it as paid leave (if you are still working). If you leave the industry before 10 years, you lose the entitlement unless you return later and complete the 10-year total.
Common Questions and Misconceptions
“Do I get long service leave if I’m casual?” Yes, if you work at least 20 hours per week on average over your employment. Many casual cleaners assume they’re excluded, but the scheme explicitly includes regular casuals.
“What if my employer didn’t pay the levy?” The Authority still records your service based on your employer’s reports. If your employer failed to pay, the Authority may pursue them, but your entitlement is not lost.
“Can I transfer my service from another state?” No, the NSW scheme is separate. If you move to NSW from Victoria (which has a similar scheme), your Victorian service does not count toward the NSW threshold.
Comparison with Standard Long Service Leave
Standard NSW long service leave (under the Long Service Leave Act 1955) gives you 2 months of paid leave after 10 years of continuous service with the same employer. The contract cleaning scheme is different because it is portable—you don’t lose your accrued service when you change jobs. However, the rate of accrual is slightly lower: you get 1 week of leave for every 20 weeks of service (compared to 1 week for every 5 years under the standard scheme).
Cost and Funding
The scheme is funded by a levy on employers, currently 1.4% of each cleaner’s gross wages. This levy is paid quarterly to the Authority, which invests the funds to pay future claims. The levy is not deducted from your wages—it’s an extra cost for your employer. If you are a contract cleaner, you don’t pay anything directly, but the cost may indirectly affect your wage negotiations.
Template: Service Record Request
Use this template to request your service record from the Authority.
| Field | Your Details |
|---|---|
| Full name | _________________________ |
| Date of birth | _________________________ |
| Tax file number (optional) | _________________________ |
| Email address | _________________________ |
| Phone number | _________________________ |
| Employer name (current) | _________________________ |
| Date started in industry | _________________________ |
Sample (fictional): John Smith, 15/03/1985, TFN 123 456 789, john.smith@email.com, 0400 000 000, CleanCo Pty Ltd, 01/07/2015.
Frequently Asked Questions
How do I know if my employer is paying the levy? You can ask your employer for a copy of their levy payment receipt, or contact the Authority directly. They have a searchable database of registered employers.
What happens if I die before claiming? Your estate can claim the accrued benefit, provided you had at least 10 years of service. The Authority will pay the lump sum to your legal personal representative.
Can I take the leave as a holiday instead of a lump sum? Yes, if you are still employed, you can take paid leave. The payment is calculated as your average weekly earnings, and you can take up to 13 weeks (for 10 years of service).
Does the scheme cover cleaners who work for the government? No, it only covers private contract cleaners. Government cleaners are covered under the standard public sector long service leave provisions.
What if I have a dispute about my service record? You can request a review by the Authority, and if unresolved, you can appeal to the NSW Civil and Administrative Tribunal (NCAT).
Getting Professional Advice
If your situation involves complex employment history, disputes, or you’re unsure about your eligibility, it’s wise to consult a workplace relations advisor or a solicitor who specialises in employment law. They can help you interpret the legislation and navigate the claims process.