High Court to rule on shotfirer eligibility in Coal LSL scheme

The Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) appeared before the High Court on Thursday 9 April 2026, seeking clarity on whether shotfiring and explosive services employees in Australia's black coal mining industry are eligible for the portable long service leave scheme administered and regulated by Coal LSL.

The High Court appeal followed the Full Federal Court's decision in Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65 in which the court found eligibility of shotfirer employees was contingent on an employer's corporate arrangements during a defined period, which may change, despite no change to employees' duties, skills, or work locations.

Coal LSL is seeking a clear and consistent interpretation of the Coal Mining Industry (Long Service Leave) Administration Act 1992 to resolve uncertainty affecting a significant number of shotfiring and explosive services employees at black coal mine sites.

Coal LSL Chief Regulatory Officer Sharife Rahmani said the High Court appeal was essential for clarity on entitlements for these employees.

‘When shotfiring and explosive services employees are doing the same work in the same locations, a corporate arrangement made by their employer shouldn’t stop them from being connected to their portable long service leave benefits,’ Mr Rahmani said.

‘We have asked the High Court to provide a ruling that applies eligibility consistently across the industry.’

The High Court has reserved its decision. Coal LSL will provide further updates to stakeholders once judgment is handed down.

Background

• 5 December 2023: Primary judgment of the Federal Court delivered by Justice Perram. Read the full judgement here.

• 15 May 2025: Full Federal Court judgment published here.

• 17 July 2025: Full Federal Court orders published here.

• 6 November 2025: High Court grants Coal LSL special leave to appeal.

• 9 April 2026: Coal LSL appears before the Full Court of the High Court in Canberra for the hearing of the appeal.