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Construction / Employment

Construction employment contracts.
Award compliant, every time.

Construction employment involves industry-specific Award obligations, portable leave schemes, and site allowances that standard employment contract templates miss. Kontractually reviews construction employment agreements against your Fair Work playbook.

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Employment checklist

6 provisions specific to construction employment.

1
Applicable Modern Award
Construction industry employees may be covered by the Building and Construction General On-site Award, the Mobile Crane Hiring Award, or other relevant Awards. The correct Award must be identified and the contract must meet minimum Award terms.
2
Site allowances and loadings
Construction Awards include site allowances, tool allowances, and industry-specific loadings. The contract must address how these are paid and whether an all-up rate is used (and if so, whether it covers Award obligations).
3
Superannuation and portable leave
Construction workers in some states access portable long service leave schemes (e.g., CoINVEST in Victoria, QLeave in Queensland). The employment contract must reflect applicable portable leave obligations alongside standard SGC.
4
Non-compete and non-solicitation
Post-employment restrictions for site managers, project managers, and estimators. Duration and scope must be proportionate to the legitimate business interest protected. Courts apply strict reasonableness tests.
5
Vehicle and tool provisions
Is a vehicle or tool allowance provided? Are company vehicles subject to private use restrictions? FBT implications of vehicle provisions should be reflected in the employment agreement.
6
Project-specific vs ongoing employment
Fixed-term project employment vs ongoing employment has different redundancy and termination implications. Contracts should clearly specify the employment basis and what happens at project end.
FAQ

Construction employment questions.

More questions? Email us.

The Building and Construction General On-site Award 2020 applies to most on-site construction workers. However, different Awards may apply to: mobile crane operators (Mobile Crane Hiring Award), electrical contractors (Electrical, Electronic and Communications Contracting Award), and plumbers (Plumbing and Fire Sprinklers Award). Off-site workers (estimators, project managers in office roles) may be covered by the Building and Construction Industry Award instead. Award coverage is determined by the employee's duties and classification.

Several states operate portable long service leave schemes for construction workers - meaning LSL entitlements are portable across employers within the industry. Victoria (CoINVEST), Queensland (QLeave), ACT, NT, and NSW (Fair Entitlements Fund) all have portable LSL. Employers must register with the relevant scheme and make contributions. Employment contracts should acknowledge the applicable scheme and employer contribution obligations.

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