Employee FAQ's

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This brochure contains information about long service leave, effective 1 January 2012. It takes into account changes that were made to long service leave from this date.
  • All eligible employees working in the black coal mining industry.

    This includes people:

    • working full-time, part time or casual
    • working for contractors
    • working for job agencies.
  • You’re entitled to take LSL after eight years of qualifying service. Qualifying service is service as an eligible employee of one or more employers. It does not include certain absences. For service since 1 January 2000, all service as an eligible employee counts towards your qualifying service, unless you
    stopped being an eligible employee for eight continuous years or more (a break period). In most cases, any service before a break period will stop being counted as qualifying service.

    For service prior to 1 January 2000 to count towards your qualifying service, it must be ‘continuous service’.

    You accrue LSL credits for each week during which you are an eligible employee. This means if you are a full-time or part-time employee, each week you work in the black coal mining industry as an eligible employee counts towards your qualifying service. If you are a casual employee, you accrue qualifying service in each week you’re employed at any time as an eligible employee.

  • Full-time workers

    If an employee has eight years qualifying service (continuous or in total) as a full-time worker they’re entitled to 13 weeks LSL.

    Part-time and casual workers

    If an employee’s service (or part of it) was as a part-time or casual worker, they’re still entitled to LSL after eight years qualifying service. However, the amount of leave they get is based on the LSL credits they’ve accrued over their eight years of qualifying service (see below).

  • If you resign or your employer terminates your employment, you may choose to retain your aggregate qualifying service and your accrual of LSL credits and be paid for that accrued LSL at a later date.

    If you cease to be an eligible employee and at that time have become entitled to take a period of LSL, you may request your employer to pay you for your leave not taken.

    If you cease to be an eligible employee because of ill health or retirement on or after age 60, and have any period of qualifying service, you may request your employer to pay you
    for your LSL credits.

    If your employment ceases because you’re made redundant and at that time have at least six years qualifying service, you can request your employer pay you for your accrued LSL credits.

    If you die and at the time of death you have qualifying service, your accrued LSL credits can be paid to your estate.

  • Our legislation provides your minimum entitlements for long service leave. For payments of LSL these entitlements are:

    • If you take LSL while employed, you are entitled to be paid at an amount equal to your base rate of pay (including incentive-based payments and bonuses) that would have been payable had you been at work (i.e. not taken the leave).

    • If you are paid out your accrued LSL on termination, you’re entitled to be paid at a rate as if you had taken the LSL immediately before you stopped being employed 

    Your employment contract or enterprise agreement may provide you with an enhanced entitlement, as long as that entitlement is at least as favourable as our legislation

     

    • How an employee applies and obtains approval for LSL.
    • The minimum amount of LSL that an employee can take at one time.
    • When an employer must pay for LSL that is taken.
    • Making sure there is no double counting of service or LSL.

    Fair Work Australia has power to deal with certain disputes between an employer and an eligible employee in relation to LSL.

  • Eligible employee is a person:

    • 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 black coal mining
    • 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
    • permanently employed with a mine rescue service for the purposes of the black coal mining industry.

    The black coal mining industry includes:

    • the extraction or mining of black coal on a coal mining lease by means of underground or surface mining methods
    • the processing of black coal at a coal handling or coal processing plant on or adjacent to a coal mining lease
    • the transportation of black coal on a coal mining lease
    • other work on a coal mining lease directly connected with the extraction, mining and processing of black coal.

    The black coal mining industry doesn’t include:

    • the mining of brown coal in conjunction with the operation of a power station
    • the work of employees employed in head offices or corporate administration offices of employers engaged in the black coal mining industry (but does include work in town offices
    • associated with the day-to-day operation of a local black coal mine or mines)
    • the operation of a coal export terminal
    • construction work on or adjacent to a coal mine site
    • catering and other domestic services haulage of coal off a coal mining lease unless such haulage is to a wash plant or char plant in the vicinity of the mine
    • the supply of shotfiring or other explosive services by an employer not otherwise engaged in the black coal mining industry.

    Employees who can make waiver agreements include an eligible employee:

    • who is at least 55 and has no qualifying service or at least eight
    • years qualifying service
    • who is a manager of a corporation that is an employer of eligible
    • employees in the black coal mining industry
    • who is a senior professional employee engaged in the management of a corporation that is an employer of eligible employees in the black coal mining industry
    • whose annual salary (including allowances) is at least $162,000 in 2012 or as adjusted by the annual rate of the Consumer Price Index for subsequent years
    • who is employed under an under-graduate placement or a work training placement.