High Court grants Coal LSL special leave to appeal Orica decision

The High Court has granted special leave for the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) to appeal a Full Federal Court decision which limited the eligibility of Orica’s shotfiring and explosive services employees to a defined period.

Coal LSL seeks clarity from the High Court on the eligibility of shotfiring employees working on black coal mine sites under the Coal Mining Industry (Long Service Leave) Administration Act 1992.

The Full Federal Court decision found that Orica’s shotfiring employees’ eligibility was informed by changes in Orica’s corporate structure, despite no substantive change to the employees’ duties, skills or work locations.

The decision created uncertainty for a significant number of employees performing shotfiring roles on black coal mines.

Coal LSL CEO Darlene Perks said it is critical the High Court review clarifies eligibility for the Scheme across the shotfiring sector.

‘We’ll be asking the High Court to find that these employees are eligible employees under the Scheme,’ Ms Perks said.

The appeal will be held on a date to be set by the High Court.

For more information, go to coallsl.com.au/news/media-statement-21-august-2025.

Background

• The Full Federal Court published its judgment on 15 May 2025. The full judgment is available here.

• The Full Federal Court published its orders on 17 July 2025. The orders are available here.

• Justice Perram of the Federal Court delivered the primary judgment on 5 December 2023. The judgment is available here.