Frequently Asked Questions
Q: Casual Workers: In the future, I will be engaging only casual staff to work a few days here and there. With no permanent staff, must I still stay registered as an employer?
A: Yes. If an employer engages a new worker for more than 4 days in a return period, the employer must include the worker on their return and pay the corresponding levy.
Q: Cancellation of Employer Registration: If I cease to be an employer in the industry, how do I cancel my registration?
A: To ensure your registration is cancelled you need to complete the following steps:
1. Complete your final return and make payment as normal. Make sure you complete the ‘Date Terminated’ box for all workers giving the last date each of your workers was engaged.
EMPLOYER RETURN, WAGES AND LEVY
Q: On my last return, I crossed the Cancel Registration box, but I have received another set of returns. Why has my registration not been cancelled?
A: Crossing this box advises QLeave only that you are applying for cancellation. In order for the cancellation to be processed, you must also provide the "Date Terminated" for all eligible workers or eligible subcontractors to perform cleaning work. Once QLeave receives this, your registration will be cancelled.
Please note: If you cancel your registration yet still engage eligible workers or subcontractors, you will be required to pay any back levies and applicable penalties. You may also be subject to prosecution for breach of the Contract Cleaning Industry (Portable Long Service Leave) Act 2005.
Q: If I’m still engaging workers (that is, they’re still ‘on the books’), but they didn’t earn any wages during a particular return period, do I still need to submit an Employer Return?
A: Yes. You must always submit a return if you have eligible workers, even if they haven’t worked during a quarter. The return must be submitted by the due date and show zero dollars have been paid (a 'NIL' return).
Q: Payments: What options are available to pay the levy?
A. Payment can be made in the following ways:
2. On the online employer home page click on the button “Cancel my registration” to send an email request to cancel your employer registration or if providing a paper return, tick the ‘Cancel Registration’ box on Section C to apply for cancellation.
Q: Gross Wages: Do I have to pay the levy on annual leave payments, leave loading and termination payments?
A: Yes and No. Yes - Under the Act, over-award payments, weekend and public holiday penalty rates, most allowances and holiday pay are included in the definition of 'ordinary wages'. No - An employer does not pay a levy on termination pay or leave loading.
Q: Levy Calculation - Invoices: How do I calculate the levy for a subcontractor when their invoices include GST and minor materials?
A: The levy is calculated at 1% of the labour component of the invoice, excluding the cost of minor materials and GST.
Q: Levy Rate: How is the levy rate determined?
A: The levy rate is actuarially assessed. From 1 July 2005 to 31 December 2012, the levy rate was 2% of ordinary wages. The rate was determined by the QLeave's Actuary using a set of specific formulae based on the results of industry study which included identification of the number of employers, number of workers, ordinary wages, how many workers might be eligible to claim a long service leave entitlement and other factors.
In response to actuarial advice indicating that the Scheme is in a very sound financial position, the levy rate has been reduced for service accrued during the following periods:
1. 2% 1 July 2005 - 31 Dec 2012
2. 1.7% 1 January 2013 - 30 June 2015
3. 1.3% 1 July 2015 - 30 June 2016
4. 1% from 1 July 2016.
Q: Worker Long Service Leave Statement (previously Notice of Service) Incorrect: One of my workers believes their annual statement may not be correct. What do I need to do?
A: In September each year, annual Long Service Leave Statements are provided to all registered workers who have accrued service in the previous financial year. If a worker queries the dates or declared wages, check your records to ensure that the data supplied for the worker is correct, then either advise QLeave of the amended data or explain why there is a difference to the worker.
If a worker contacts QLeave directly about an error on their Long Service Leave Statement for either missing service (days) or gross wages earned, they are advised to submit a missing service application along with evidence of a group certificate or payslips. Upon receipt of a missing service request, QLeave will normally clarify information from you about your worker. This process could also involve conducting an inspection of your books and records to check the returns and levy for the period in question are accurate.
Q: New Worker Registration: How does an employer register a new worker in the middle of a return period?
A: An employer’s new worker should complete a Worker Application Form and return it to QLeave. Forms can be obtained from QLeave or from the QLeave website. All details are to be submitted on Section B of the quarterly return for the period the worker commenced.
Q: Worker Change of Address: My worker has told me they have changed their name or address. How do they notify QLeave?
A: Workers wanting to change their name with the Contract Cleaning Industry (Portable Long Service Leave) Scheme, for reasons such as marriage, divorce or a change by deed poll, should advise QLeave in writing of the change, and submit a copy of their relevant paperwork (ie. marriage certificate or divorce paper) as proof. Similarly they should advise of any change of address.
This will minimise the chance of QLeave having duplicate records for workers and ensure worker's service accrues correctly.
Q: Worker Dates of Birth: I sometimes find it difficult to obtain the birth dates and addresses of my casual workers. Do I really have to provide this information for every worker?
A: Yes. While it is appreciated that some workers do not want to provide this information and you may feel uncomfortable on insisting, the Contact Cleaning Industry (Portable Long Service Leave) Act 2005 requires you to provide this information which is crucial to ensuring that long service leave credits are allocated to the correct worker.
Q: Worker Retirement: If one of my workers will be retiring within the next year, do I still have to pay the long service leave levy on his wages?
A: Regardless of the age of the workers, or the amount of time you believe they will be working in the industry, employers must pay the levy on their workers’ ordinary wage.
Q: School Holiday Workers: I employ my son over the school holidays just to give him a bit of pocket money, do I need to include him on my Employer Return?
A: Yes. You must declare wages for all workers who work more than 4 days in a return period.
Q: Subbies, Casuals, Temporary Visas: I only engage subcontractors, casuals, and individuals on temporary work visas. Do I need to submit an Employer Return for these workers?
A: Individuals who are engaged to perform contract cleaning work in a return period, on a casual or subcontract basis, are likely to be eligible to workers (even if they are on temporary work visas), and therefore should be included on your Employer Returns. Only new workers who work less than four days, during the return period, may be excluded from your Employer Return.
Q: Short Term Workers: My current employees don’t expect to stay in the cleaning industry for an extended period and probably won’t be in the scheme long enough to get a long service leave entitlement. Is it possible for me to exclude them from the scheme?
A: No. Employers are required to pay the 1% levy on their workers’ ordinary wages even if those workers believe they may not stay in the industry long enough to benefit. Because of the portability of the scheme, members can have breaks from the industry of up to four years without having their membership cancelled.
Q: Retrospective Service: If a worker applies for retrospective service, what will it cost the employer?
A: There is no cost to the employer. Even though workers were able to apply for service to be recognised for the period between 1 July 2000 and 30 June 2005, employers are not required to pay any levy on their earnings during that time. The time for workers able to seek retrospective service ceased on 30 June 2007.
LONG SERVICE LEAVE PAYMENTS
Q: Long Service Leave Payment: If I pay long service leave to a registered worker, can I be reimbursed?
A: Yes. The legislation makes provision for reimbursement payments to employers relative to the data they have submitted to the scheme since the commencement date of 1 July 2005. The payment is calculated in accordance with the legislation and is based on the wages declared for the individual worker. An application for reimbursement must be made within three months of the date the leave was paid to the worker.
Q: How much is a penalty unit? As at 1 July 2016 the penalty unit is $121.90. The penalty unit increases on 1 July each year.
Q: $243 Penalty: I have received an invoice for $243 for failing to submit my Quarterly Return and Levy payment on time. If I have a good reason for being late, is it possible to have the penalty waived?
A: If the circumstances that have delayed submission of your return and/or levy payment are strange or unusual, special circumstances may exist. You must provide your explanation in writing to QLeave and if, after consideration of all the available information, your circumstances are found to be special, the penalty may be waived. Note: It should be noted that forgetting or being away on holidays does not constitute special circumstances.
Q: $487 Double Penalty: I have received an invoice for $487 for failing to submit my quarterly Return and levy payment on time. Why did this happen?
A: Employers that have incurred penalties during the past 4 return periods (12 months) prior to the current return period will incur double penalties if this latest return is late and/or payment of the levy is late, ie not received by the due date. That is a $243 penalty for non-submission of the return and/or a $243 penalty for non-payment of the levy, incurring an additional $487 for each month the levy and payment are outstanding. Note: $487 penalty will be added for each month the return and levy are outstanding, ie $1,462 per quarter.
Q: Forms: How can I obtain copies of Worker Application Forms or Employer Claim forms?
A: You can access these through the Contract Cleaning section of our website under the For Employers link. Alternatively, you can request copies by phoning 1800 675 819 or email firstname.lastname@example.org
- Online with a credit card through the website. Click here to make a payment online.
Last modified: August 2016