Employer registration

If you employ people who fit the definition of ‘eligibility’ under the long service leave legislation, and you are a national system employer, then you must be registered with Coal LSL and fulfilling your legal obligations to facilitate their access to their leave entitlements.

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 scheme is not based on Award classification. An employee meets the definition of an eligible employee in section 4 of the Coal Mining Industry (Long Service Leave) Administration Act 1992 if:

• the employee is employed in the black coal mining industry by an employer engaged in the black coal mining industry;
• the employee carries out duties that are directly connected to the day to day operation of a black coal mine and performs those duties at or about a place where black coal is mined; or
• the employee is permanently employed with a mine rescue service for the purposes of the black coal mining industry.

Eligible employees can be employed on a full-time, part-time or casual basis.

If you are not already registered, please submit an Employer Information Form and we will proceed from there.

Those working in the black coal mining industry who are self-employed should understand their obligations to themselves as well as to their eligible employees.

To be entitled to access Coal LSL’s scheme, a person must be working for a national system employer in the black coal mining industry, and meet both the definition of an 'eligible employee' and be paid 'eligible wages' as defined in Coal LSL's governing legislation.

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.

Sole traders and partnerships

A person who is operating their business as a sole trader cannot be an ‘eligible employee’ or employ ‘eligible employees’ because the employer is not an ‘employer’ for the purposes of Coal LSL’s legislation.

As with sole traders, the partners in a partnership are not 'eligible employees' nor can they employ ‘eligible employees’ under Coal LSL’s scheme.

Self-employed workers and their employees are only eligible for Coal LSL’s scheme if they are operating under a company structure and are in a bona fide employment relationship.

Directors

A director of a company can be an ‘eligible employee’ when they perform eligible duties in addition to their role as a director. Importantly, they must be paid ‘eligible wages’ for their eligible employment.

If you have further questions or would like to confirm your eligibility for Coal LSL’s scheme, please get in touch with our friendly Service team.