Information for casuals

Eligibility of casual employees for long service leave entitlements in the Coal LSL scheme

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 (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, meet the definition of an ‘eligible employee’ under the scheme, and be paid ‘eligible wages’.

Eligibility for the Coal LSL scheme is not based on award classification.

Under the Admin Act, a person is considered an eligible employee if they are:

• 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

• employed in the black coal mining industry, and carrying out duties 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

• 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.

Changes for casual employees as a result of the Protecting Worker Entitlements Act 2023

The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 amends the:

• Coal Mining Industry (Long Service Leave) Administration Act 1992

• Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.

What these changes mean

The principle of portable long service leave for eligible employees remains unchanged: Employers pay a levy based on a percentage of an eligible employee's eligible wages into the scheme to allow eligible employees to accrue and carry their long service leave entitlement with them between employers where eligible employment is carried out. The levy is payable monthly and does not come out of employees' wages.

However, the underlying requirements of employers and Coal LSL have been updated to better reflect casual employment relationships and work patterns. The changes were to:

• amend the definition of ‘eligible wages’ to include casual loading to ensure a casual employee’s casual loading will be applied to both the levy paid, and to the payment of their long service leave entitlement.

• amend the method of calculating a casual employee’s ‘working hours’ to the total of all hours worked per week, averaged over the weeks in a quarter. This accounts for week-to-week variations in casual working hours.

• expand the meaning of ‘qualifying service’ to deem that certain weeks, where a casual employee does not work due to specific rostering arrangements, are periods of qualifying service.

These changes came into effect on 1 January 2024. Learn more.

Contact us

If you require further information, please call 1300 852 625 from Monday to Friday between 8.30am and 5.00pm (AEST), or contact us.