On 11 February 2025 QLeave filed a complaint and summons in the Queensland Industrial Magistrates Court in relation to two alleged offences by Four Kind Christians Pty Ltd. These alleged offences were in breach of the Building and Construction Industry (Portable Long Service Leave) Act 1991 (BCI Act). The offences related to a failure to notify QLeave of an increased cost of work at project finalisation and pay associated levy costs, and a failure to comply with a statutory notice issued by QLeave without a reasonable excuse.
While an initial project notification was made by Four Kind Christians and a levy paid, QLeave had reason to believe that it was not an accurate reflection of the total cost of work, and the true cost of work would be a substantially higher dollar value. Both at the initial notification and project finalisation stage, Four Kind Christians failed to supply adequate documentation to substantiate cost of work figures. The company also failed to respond to the final statutory notice issued by QLeave requesting this information.
Additionally, at the initial project notification an exemption was claimed on the basis that Four Kind Christians was a non-profit organisation. It was subsequently discovered that the company was not a registered not-profit organisation. However as the company subsequently paid the levy on the amount they had tried to claim as exempt, no further action was required by QLeave on this specific matter.
The portable long service leave scheme for building and construction workers in Queensland is wholly funded by the levy paid by on all eligible projects. So workers have access to the long service leave they deserve, it is essential that all levy payers are reporting accurately and paying the full levy required.
While most levy payers are meeting their obligations, QLeave is committed to ensuring full compliance from those who may not be. This does mean that when all other avenues are exhausted, we will pursue legal avenues through the Queensland Industrial Magistrates Court to ensure full payment of the levy, and to seek appropriate penalties. The maximum penalty for non-compliance is currently $6,452 for individuals and $32,260 for companies.
You can find more information on your obligations as a levy payer, and the documentation you need to provide as part of the notification and payment process, in the BCI levy payer section of our website.
