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EMPLOYEE

INFORMATION FOR CASUALS

Changes for casual employees under the Protecting Worker Entitlements Act 2023.

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Australian Government logo for the Coal Mining Industry (Long Service Leave Funding) Corporation featuring the Commonwealth Coat of Arms
Coal LSL brand artwork

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Underground mine worker wearing an orange high visibility shirt and a white hard hat with a headlamp.
Service review




01.

Eligibility to apply

If you believe your service history is missing periods of qualifying service, you can apply to have this matter assessed by Coal LSL.

Depending on the period of qualifying service and your current service history record as held by Coal LSL, different criteria must be met before applying for an investigation into possible missing service.

To accrue a black coal mining industry long service entitlement, you must be employed by a national system employer and be considered an eligible employee as prescribed by the Coal Mining Industry (Long Service Leave) Administration Act 1992 (the Admin Act).

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.

Under section 4 of the Admin Act, an eligible employee is defined as:

  • 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

  • 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

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

  • 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.

If you have further questions after reviewing the information provided on this page, please contact us for more information.

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