Casual employees in the black coal mining industry have coverage under the Coal LSL scheme if they meet the eligibility requirements set out under the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Admin Act).
To be entitled to access Coal LSL’s scheme, a person must be employed by a national system employer, meet the definition of an ‘eligible employee’ under the scheme, and be paid ‘eligible wages’.
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.
Eligibility for the Coal LSL scheme is not based on award classification.
Eligibility is assessed on whether or not:
Even though the Black Coal Award does not permit Production and Engineering employees to be employed on a casual basis, casual employees are still eligible for coverage under the Coal LSL scheme if they meet the eligibility rules.
The amendments ensure that casual employees are treated no less favourably than permanent employees for the purposes of their entitlements under the scheme.
A casual employee’s casual loading will be applied to levy payments by the employer into the Fund and the payment of the long service leave entitlement by the employer to the employee.
Updated methods will be provided for calculating the accrual of a casual employee's long service leave entitlement.
Employers pay a levy based on a percentage of an eligible employee's eligible wages, into the scheme to allow employees in the black coal mining industry to accrue and carry their long service leave entitlement with them between employers. The payroll levy is payable monthly and does not come out of employees' wages.
The calculation methods for the accrual, payment and reporting of a casual employee’s long service leave entitlements have been updated:
These changes will take effect on 1 January 2024.
If you require further information, please call 1300 852 625 from Monday to Friday between 8.30am and 5.00pm (AEST), or email us.