Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025; Second Reading

Opened the debate

Rishworth argued that the bill delivers fairness and certainty for workers and employers in the black coal mining sector by clarifying coverage under the long service leave scheme. The member stated that recent Federal Court decisions had revealed significant historical liabilities for some employers, potentially dating back to 2010. Rishworth explained that the legislation allows employers to pay outstanding levies in instalments over six years, with the final 20 per cent waived to incentivise participation. The member emphasised that this approach protects the viability of the scheme and ensures workers receive their full entitlements without impacting the total amount owed. Rishworth also noted that the bill strengthens compliance by linking additional levy rates to the Reserve Bank of Australia cash rate plus two per cent.

Government response

Rishworth detailed how the bill addresses incomplete employer records by allowing simplified calculations and reasonable assumptions to determine entitlements. The minister explained that employers who had already paid entitlements directly to employees could offset those payments against their debt to avoid double payment. Rishworth highlighted that the reforms were created after talking with industry reps, unions, and the Coal Mining Industry (Long Service Leave Funding) Corporation. The member commended the bill as a practical response to complex legacy issues, ensuring both worker recognition and employer support.