Review of a decision of the Construction Industry Long Service Leave Payments Board
Who can make an application?
An employee or employer in the construction industry can make an appeal to the Commission under s 50 of the Construction Industry Portable Paid Long Service Leave Act 1985 (WA) against a reviewable decision of the Construction Industry Long Service Leave Payments Board which concerns:
- the registration of employees and employers; or
- the assessment and/or payment of long service leave entitlements to an employee.
The appeal must be filed within 21 days of the date of the reviewable decision, using Form 8C – Notice of Appeal or Referral (Other Matters)
After you have submitted your Form 8C, the Commission’s Registry will:
- check the form to make sure that it contains all the required information;
- if the form is complete, send a copy of it to you for your records; and
- serve a copy of it on your former employer. There is no need to serve a copy of your Form 8C on your former employer unless you are instructed to do so.
If your employer intends to respond to your claim, they can file a response. This must be done within 21 days of being served a copy of your claim.
The matter may then be listed for a hearing, where the Commission makes a binding decision.
The Commission may affirm the decision of the Board, vary the decision of the Board, or set the decision of the Board aside and substitute it with another decision or send the matter back to the Board for reconsideration.