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Long Service Leave in the Coal Mining Industry
Coal LSL is an Australian Government corporation established to regulate and manage long service leave entitlements on behalf of eligible employees of the black coal mining industry.
The Coal Mining Industry (Long Service Leave) Administration Act 1992 (Admin Act) prescribes the long service leave entitlements of eligible employees in Australia’s black coal mining industry. It determines:
- Who is eligible.
- How you accrue leave.
- When you’re entitled to take your accrued leave hours.
- How you apply for leave.
- The minimum amount of leave you can take at one time.
Who is eligible?
Eligible employees include: -
- Those 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; or
- Those 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
- Those permanently employed with a mine rescue service in the black coal mining industry.
How is long service leave accrued?
Long service leave accrues in hours, based on your employment status i.e., full-time, part-time or casual.
A full-time employee accrues 455 hours of leave after completing eight years of qualifying service. This is equal to approximately 56.875 hours per year of qualifying service.
A part-time or casual employee accrues leave at a rate which reflects the number of working hours each week.
Any change from full time to part time or casual will change the rate that long service is accrued based on the change of hours worked.
The maximum accrual over eight years is the equivalent of a full-time employee – 455 hours.
Qualifying Service
If an eligible employee completes a period of qualifying service that is, or periods of qualifying service that add up to, at least 8 years, the employee is entitled to long service leave.
Qualifying service is service as an eligible employee of one or more employers. You accrue long service leave for each week of qualifying service.
Qualifying service does not include certain absences such as unpaid or unauthorised leave.
If you stop being an eligible employee for eight years or more, any service prior to this break period is no longer considered qualifying service.
However, if you have already reached eight years’ qualifying service when you take a break of eight years or more from the industry, you will retain your prior qualifying service and any untaken leave hours that accrued for service prior to the break.
How can I view and access my long service leave?
Eligible employees can log into their Coal LSL Accounts to view their long service leave. Alternatively, employees can speak to their employers, HR or payroll offices.
Applying for my long service leave
To be entitled to take long service leave, you must complete eight years of qualifying service. There are exceptions to this timeframe when you cease to be an eligible employee due to redundancy, ill health or retirement.
When you’re able to apply to take your accrued leave hours, submit your application through an Authorised Contact in your employer’s HR or payroll office. Your application must cover a single continuous period of at least 14 days.
Once your application is approved by your employer, they submit your leave application to Coal LSL. Once your accrued leave hours are verified, your employer will pay your approved leave through their usual payroll processes. After you have taken your leave, your employer will claim reimbursement from the Fund.
What happens if my employment changes?
If you resign or are terminated, you can ask your employer to pay out your untaken long service leave hours if you have completed at least eight years of qualifying service. If you have not yet accrued eight years of qualifying service, you will not be able to access your leave entitlement.
However, if you recommence work as an eligible employee after a break period of less than eight years, your service from prior to the break period will still be considered qualifying service.
If your employment ceases due to redundancy and, at that time, you have at least six years’ qualifying service, you can ask your employer to pay out your accrued leave hours.
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 ask your employer to pay you for your leave credits.
Compensation claim - future loss of long service leave
If you are injured and forced into an early end of your mining career, you may be able to claim compensation for the long service leave you can no longer earn, if your injury isn’t your fault.
Like claiming your lost income, you are also entitled to claim for lost leave benefits as a result of your incapacity to work, if you are successful.
How we can help
The Compensation Team at Wallace & Wallace Lawyers are experienced in all aspects of Workers’ Compensation legislation. If you are dissatisfied with your current representation, our experts can also offer a second opinion.
If you, or someone you know has been injured at work, or you want a second opinion, call us now on (07) 4963 2000 or contact us via our online contact form for practical legal advice on how you should proceed.