Eligibility Examples

Australia's black coal mining industry long service leave scheme applies to employees who are 'eligible employees' under the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Admin Act), and to their employers.

The definition of ‘employer’ in Coal LSL’s legislation refers only to a national system employer as defined in section 14 of the Fair Work Act 2009.

The examples provided here are indicative only and intended as high-level illustrations of how the relevant definitions in the Admin Act are to be applied.

Reference to a 'mine' or 'coal mine' in this information refers to a black coal mine.

Refer to the Guidance Note on Scheme Coverage for more details.

To be considered an eligible employee, an individual must satisfy one of the definitions contained in Section 4 of the Admin Act:

(a) an employee who is employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine; or

(b) an employee who is employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine; or

(c) an employee permanently employed with a mine rescue service for the purposes of the black coal mining industry; or

(d) a prescribed person who is employed in the black coal mining industry; but does not include a person declared by the regulations not to be an eligible employee for the purposes of this Act.

Note: For prescription or declaration by class, see subsection 13(3) of the Legislation Act 2003.

In most circumstances, eligibility of an employee is established under either the definition in subsection (a) or the definition in subsection (b).

When assessing an employee’s eligibility, the specific circumstances of each case must be considered. An employee will only be considered eligible if all aspects of one of the relevant definitions are satisfied.

This information considers a series of scenarios specific to the definitions in subsections (a) and (b).

NOTE:

• Scenarios provided in relation to the definition in subsection (a) are those in which employees are considered working for companies whose predominant business is in the black coal mining industry (i.e. employers engaged in the black coal mining industry).
• Scenarios provided in relation to the definition in subsection (b) are those in which employees are considered working for contracting companies whose predominant business is outside the black coal mining industry (i.e. not employers engaged in the black coal mining industry).

If after considering this information:

• An employee remains uncertain whether they are an eligible employee for the purpose of the Admin Act; or
• An employer remains unsure whether any of its employees are eligible employees for the purposes of the Admin Act;

we recommend you contact Coal LSL to discuss the specific circumstances that apply to you/your employees.