Employer registration

If you employ workers who qualify as eligible employees under the long service leave legislation and you are a national system employer, you must register with Coal LSL and meet your legal obligations to ensure your eligible employees can access their leave entitlements. 

When you apply for registration, we may ask for additional information to confirm your obligation to register.

Who needs to register

Employer Eligibility

To participate in the Coal LSL Scheme, your business must be a national system employer, as defined by the Fair Work Act 2009. This includes: 

• A company trading under the Corporations Act 2001 and registered with the Australian Securities and Investments Commission (ASIC)

• A trust with a company as its trustee

• A partnership that includes a partner that is a company 

• An entity incorporated under State Law, and 

• A foreign company.

Employee Eligibility

An employee’s eligibility is not determined by their Award classification. Instead, they must meet one of the definitions of ‘eligible employee’ in Section 4 of the Coal Mining Industry (Long Service Leave) Administration Act 1992.

Eligible employees can work full-time, part-time, or casually. For further details on employee eligibility, refer to our Guidance Note on Scheme Coverage.

Registering as a company

National system employers with eligible employees must register with Coal LSL. 

If your company is not yet registered but should be, submit an Employer Information Form. Important: If completing the form electronically, download it to your computer first to ensure all fields work correctly. As part of the registration process, we may request additional information to verify your eligibility to join.  

Company Directors 

A company director (working director) can qualify as an eligible employee under section 4 of the Admin Act, provided they: 

1. Perform daily operational work at a black coal mine, and 

2. Are properly treated by the company as an employee, including that they receive eligible wages. 

To verify a working director’s eligibility, we may request evidence such as, but not limited to: 

• The employment contract between the company and the working director 

• Contracts, purchase orders or letters of engagement between the company and entities it is providing its employee’s services to (e.g., a mine operator) 

• Proof of wages paid from the company’s bank account to the working director’s bank account, paid at least monthly in accordance with Section 323 of the Fair Work Act 2009. 

• Payslips issued to the working director 

• Business Activity Statements (BASs) showing wages paid and tax withholding 

• Workers’ compensation records confirming the working director is an employee 

• Log on and log off records for the working director at a place black coal is mined. 

If we cannot verify that the company has an eligible employee, we will not approve registration. We may also request evidence of a bona fide employment relationship in circumstances where a director of a small company and an eligible employee of that company have a personal relationship or are family members.  

Example: Cole Matthews owns and directs Subbie Pty Ltd, which contracts with Big Coal Mine Pty Ltd to provide services. Cole is the sole worker in the company. When Subbie Pty Ltd applies for registration, we will request documents to confirm that Cole is both an employee of the company and an eligible employee under the Admin Act. 

Who cannot register

Sole Traders

Individuals working in the black coal mining industry must be employed by a national system employer and be an eligible employee to participate in the Coal LSL Scheme.  

A sole trader does not meet the definition of a national system employer under Section 14 of the Fair Work Act 2009 and therefore cannot register. 

Example: Grant Miner, operating as a sole trader with an Australian Business Number (ABN), contracts directly with Big Coal Mine Pty Ltd to provide his individual services as a contractor. Because he is not a national system employer, he cannot register as an employer or an eligible employee with Coal LSL. 

Partnerships and Trusts with only individuals as partners or trustees

Partnerships made up of only individuals as partners and trusts without a company as trustee are not national system employers and cannot register. 

If a corporate entity is a partner with an individual in a partnership, the individual is considered a partner rather than an employee. In these situations, the partnership only needs to register with Coal LSL if it has other eligible employees. 

Example: Alexie Miner is in a partnership with XYZ Pty Ltd, which contracts with Big Coal Mine Pty Ltd to provide the services of Alexie. Since Alexie is a partner, not an employee, the partnership does not need to register with Coal LSL unless it employs other eligible employees. Alexie would still not be an eligible employee. 

A person who is operating their business as a sole trader cannot be an ‘eligible employee’ because they cannot be employed by themselves.

Need help?

If you have questions about employer registration or want to confirm your eligibility, please get in touch with our friendly Service team.