Media Statement 21 August 2025

The Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) has applied for special leave to appeal to the High Court of Australia following a recent decision by the Full Federal Court in Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (No 2) [2025] FCAFC 90.

The Court partially upheld Orica’s appeal, limiting the eligibility of shotfiring and explosive services employees under the Coal Mining Industry (Long Service Leave) Administration Act 1992 to a defined period. The decision was based on Orica’s corporate structure, despite no substantive change to the employees’ duties, skills, or work locations.

Coal LSL CEO Darlene Perks said the ruling meant some employees at Orica and at similar companies providing shotfiring and explosive services on black coal mines still faced uncertainty about their eligibility for the Scheme.

‘Some employees may now have only part of their service recognised under the Scheme, even though their roles and responsibilities remain unchanged,’ Ms Perks said. ‘This has implications for consistency in how the Scheme is applied and how it impacts affected employees.’

The decision affects a significant number of current employees performing shotfiring or other explosive services on black coal mines.

In light of these implications, Coal LSL’s Board has sought leave to appeal to the High Court to clarify the application of the legislation and ensure consistent treatment of employees across the sector.