Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2026
Senator BLYTH (South Australia) (12:18): The Coal Mining Industry (Long Service Leave) Legislation Amendment Bill creates a voluntary pathway for employers to pay historical debts related to unpaid portable long service leave levies of employees in the black-coal industry. The coalition supports this bill and notes the support of industry and its involvement in drafting this bill.
It is a noncontroversial reform to fix historic uncertainty and protect workers entitlements, jobs and business viability. This applies to historic liabilities that arose due to uncertainty about scheme coverage, not deliberate non-payment. The black-coal industry remains a critical pillar of Australia's economy, supporting tens of thousands of highly skilled, well-paid jobs and underpinning the economic strength of many regional communities across the country.
Black-coal workers perform demanding, skilled and often dangerous work. They deserve certainty, respect and the confidence that their entitlements will be honoured. Coal workers move between employers over long careers, which is why long service leave matters to them.
This bill recognises their contribution to the industry not just a single employer. We know that, as a result of the recent Federal Court decisions, some employers were suddenly exposed to large retrospective levy debts. These debts were unexpected and potentially business-ending if demanded immediately.
Insolvencies were likely, and jobs were put at risk. The bill balances compliance and worker protection with commercial reality. Repayments are staged and can be repaid over six years, with a 20 per cent waiver if 80 per cent is paid.
It won't change levy rates at the Coal LSL Scheme and will absorb the waivers easily. The Coal LSL Scheme exists to protect workers who move between employers. The bill strengthens confidence in the scheme and ensures long service leave hours are not lost.
The Coal Long Service Leave Scheme was established in 1949 and has been underpinned by Commonwealth legislation since 1992. It provides a single national system for long service leave for black-coal miners, regardless of job changes within the industry. As of June 2025, Coal LSL holds over 71 million hours of long service leave on behalf of more than 160,000 employees, including over 65,000 currently active in the industry.
Industry has welcomed the legislation and the minister's intention to grant extensions of time for repayment plans in light of the ongoing litigation. We know the Minerals Council of Australia considers the legislation to be a positive development that will help address the commercial and financial uncertainty faced by certain businesses as a result of these historic liabilities.
The Australian Industry Group says: Many businesses were facing hardship and potential insolvency, if required to pay the historical levy debts straight away. A large number of jobs were at risk. Therefore, the introduction of the Bill into Parliament is very welcome.
We recognise that the Bill needed to strike a balance between the interests of all parties. This balance was achieved following the Government's lengthy consultation process, in which Australian Industry Group was heavily involved. The bill was amended in the House by the government following the Senate inquiry, and the opposition supported the government's amendments.
The opposition supports the passage of this bill. We support black-coal mining workers and want to protect their entitlements while keeping the businesses that employ them viable. The bill should go towards delivering certainty, stability and fairness while strengthening the confidence of the Coal LSL Scheme.