Oversight and worker safeguards
The scheme should be closely examined to ensure repayment arrangements, debt waivers and reconstructed service records do not leave workers short of their full entitlements.
This bill became law on Jul 6th, 2026.
Industry, agriculture & resources
Black-coal workers can have missing service records rebuilt using reasonable assumptions when old employment information is incomplete.
Amanda Rishworth (Labor) said disputes over who qualified for the Coal Long Service Leave Scheme — which tracks leave across employers — had kept eligible workers from their leave. Two Federal Court decisions clarified coverage, leaving some employers with debts dating to 2010 and potentially worth millions of dollars. The government said six-year payment plans and a 20% waiver would resolve those debts while workers still received their full entitlements. It also wanted to replace an unusable late-payment formula tied to an interest rate the Reserve Bank no longer publishes.
Australia’s black-coal portable long service leaveLeave earned across different industry employers. scheme was already funding industry-based entitlements through employer levies, but Federal Court decisions clarified that some peripheral coal-mining workers were covered, leaving historical levyEmployer payment that funds workers' leave. disputes unresolved and some workers unable to claim leave. The Government introduced a voluntary settlement pathway so employers could pay old debts by instalments while workers kept their full entitlements, then Parliament passed the bill and Royal Assent on 6 July 2026 turned it into law, including a revised late-payment levyEmployer payment that funds workers' leave. rate.
Malcolm Roberts (One Nation) argued that waiving 20% rewarded employers that had failed to pay their required contributions. He also alleged poor management of coal long service leave and said thousands of casual miners had been underpaid. Roberts said some workers were owed up to $211,000, while others had missed out on more than $40,000 a year. He nevertheless said miners preferred certainty rather than allowing the dispute to continue for years.
Hon Amanda Rishworth MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 06 July 2026
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
222 days
From introduction to the latest recorded parliamentary step
Meaning
Black-coal workers can have missing service records rebuilt using reasonable assumptions when old employment information is incomplete.
Employers with historical debts can voluntarily pay about 80% through six instalments. The remaining debt is then waived.
Small-business employers make their first payment six months after approval. Other employers have 30 days.
Employers that already paid workers long service leave can subtract eligible payments from the debt used for their repayment plan.
Employers in an approved plan avoid late-payment charges and debt-recovery proceedings while they keep up with payments.
Employers that miss a required payment owe the remaining debt immediately. Late-payment charges and debt recovery can restart.
Employers paying future levies late face an annual penalty rate set two percentage points above the Reserve Bank cash rateReserve Bank's main published interest rate..
39G Employment relating to unpaid levy payment arrangements (1) This section applies if: (a) under Schedule 1 to the Payroll Levy Collection Act, the Board approves an unpaid levy payment arrangement that a person gives to the Corporation; and (b) because of a lack of sufficient information about the employment by the person of an employee covered by the arrangement during a relevant employment period, the entitlement (if any) of the employee to long service leave under this Part cannot be worked out. (2) For the purposes of working out that entitlement: (a) any assumptions determined undCoal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
9A Payment arrangements for historical arrears of levy Note: Schedule 1 applies to certain outstanding amounts of levy. The Schedule: (a) allows the Board to approve an arrangement under which approximately 80% of such an outstanding amount is to be paid by instalments within a specified period; and (b) remits the remainder of the outstanding amount. 5 At the end of the Act Note: See section 9A. 1 Simplified outline of this Schedule A person who, on the unpaid levy calculation day, has unpaid levy may seek to have the Board approve an arrangement under which the person will pay to the CCoal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
(2) The first due day is the day that is: (a) unless paragraph (b) applies—30 days after the day the Board approves the unpaid levy payment arrangement under clause 14; or (b) if the person is, at the time the Board approves the unpaid levy payment arrangement under clause 14, a small business employer within the meaning of the Fair Work Act 2009—6 months after the day of the approval.Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
26 Long service leave payments (1) This clause applies if the arrangement specifies one or more long service leave payments under subclause 10(4). (2) Despite clause 25, the base amount under the arrangement is equal to the amount mentioned in clause 25, less the amount specified in the arrangement under paragraph 10(6)(b). Note: Paragraph 10(6)(b) requires the arrangement to specify the total amount of the long service leave payments specified in the arrangement. Per‑employee effect of payment limited to per‑employee amount of unpaid levy (3) Subclause (4) of this clause applies if the aCoal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
19 Application of this Act—approved unpaid levy payment arrangements Application of this clause (1) This clause starts to apply when the Board approves, under clause 14, an unpaid levy payment arrangement that a person gives to the Corporation. Collection of unpaid levy (2) The following provisions of this Act do not apply in relation to unpaid levy in respect of the wages covered by the arrangement: (a) section 6 (extension of time and payment by instalments); (b) section 7 (additional levy); (c) subsection 9(2) (power to sue for and recover amounts of levy and additional levy). Note:Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
28 Failure to comply with arrangements Application of this clause (1) This clause applies if: (a) under clause 14, the Board approves an unpaid levy payment arrangement that a person gives to the Corporation; and (b) the person fails to comply with the arrangement. Note: However, if an application has been made to the Administrative Review Tribunal for review of a decision under subparagraph 24(1)(a)(ii) or paragraph 24(1)(b), this clause does not apply before the time mentioned in subclause 24(6). (2) The person fails to comply with the arrangement at the end of the first target day (ifCoal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
1 Subsection 7(2) Repeal the subsection, substitute: (2) The percentage applicable in respect of a day is 2 percentage points above: (a) unless paragraph (b) applies: (i) the cash rate target most recently published by the Reserve Bank of Australia (the Reserve Bank); or (ii) if the Reserve Bank no longer publishes an interest rate called the cash rate target—the most recent interest rate published by the Reserve Bank that is substantively the same as the cash rate target; or (b) if an interest rate is prescribed by the regulations for the purposes of this paragraph—that interest rate.Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2026
Context
Australia’s black-coal portable long service leaveLeave earned across different industry employers. scheme was already funding industry-based entitlements through employer levies, but Federal Court decisions clarified that some peripheral coal-mining workers were covered, leaving historical levyEmployer payment that funds workers' leave. disputes unresolved and some workers unable to claim leave. The Government introduced a voluntary settlement pathway so employers could pay old debts by instalments while workers kept their full entitlements, then Parliament passed the bill and Royal Assent on 6 July 2026 turned it into law, including a revised late-payment levyEmployer payment that funds workers' leave. rate.
The portable scheme already links leave to coal-industry service
The scheme funded long service leave through employer levies and was managed by the Coal Mining Industry (Long Service Leave Funding) Corporation.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum ↗Federal Court decisions clarify scheme coverage
The decisions clarified that some peripheral coal-mining workers were eligible, but disputes over coverage left historical levies unpaid and workers unable to access leave.
Hansard ↗Hon Amanda Rishworth MP introduces the bill
Hon Amanda Rishworth MP introduced legislation creating a voluntary pathway for employers to resolve historical unpaid levies and reconnect workers with their entitlements.
Parliamentary timeline ↗Parliament passes the bill
Both houses approved the voluntary instalment pathway, allowing employers to settle historical unpaid levies while preserving workers’ full leave entitlements and updating the late-payment levyEmployer payment that funds workers' leave. rate.
Parliamentary timeline ↗Royal Assent turns the bill into law
The Governor-General’s assent completed the legislative response to the unpaid-levyEmployer payment that funds workers' leave. disputes by converting the bill into an Act.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (05/02/2026): Senate Education and Employment Legislation Committee; Committee report (23/03/2026)
Report tabled 23 Mar 2026
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
Malcolm Roberts (One Nation) argued that waiving 20% rewarded employers that had failed to pay their required contributions. He also alleged poor management of coal long service leave and said thousands of casual miners had been underpaid. Roberts said some workers were owed up to $211,000, while others had missed out on more than $40,000 a year. He nevertheless said miners preferred certainty rather than allowing the dispute to continue for years.
Leah Blyth (Liberal) supported the bill, saying the debts arose from uncertainty over which workers were covered rather than deliberate non-payment. Labor senator Nita Green said the government had asked the Fair Work Ombudsman — the national workplace-law regulator — to investigate the separate underpayment allegations.
Oversight and worker safeguards
The scheme should be closely examined to ensure repayment arrangements, debt waivers and reconstructed service records do not leave workers short of their full entitlements.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
Government amendments broaden the definition of long service leave payments and allow later unpaid levy notice dates, subject to a 12-month limit.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Senate
The Senate rejected Malcolm Roberts's amendment calling for immediate government action to pursue the alleged backpay.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Parliamentary debate
Start here — lead voices
Rishworth supports the bill as a balanced way to give eligible coal workers their full long service leave entitlements while allowing employers to settle historical levyEmployer payment that funds workers' leave. debts through six-year instalment plans and a partial debt waiverDebt the employer no longer pays..
Read in Hansard ↗Michael McCormack says the coalition supports the bill because its voluntary repayment pathway will protect coal workers' long service leave entitlements while avoiding hardship and possible insolvency for employers facing historical levyEmployer payment that funds workers' leave. debts.
Read in Hansard ↗Ayres supports the bill as a fair and practical way to resolve historical employer levyEmployer payment that funds workers' leave. debts while ensuring eligible coal workers receive their full long service leave entitlements.
Read in Hansard ↗Conroy supports the bill because it strengthens coalminers' access to portable long service leaveLeave earned across different industry employers., including by addressing unpaid historical levies, allowing reasonable assumptions where old service records are missing, and encouraging employers to repay their debts.
Read in Hansard ↗All speeches by bloc
12 speakers · 13 contributions · 12 support
“This bill is a fair and responsible response to complex legacy issues. It reflects the Government's commitment to supporting employers to pay their debts and connecting employees with their lawful entitlements.”Read the full speech in Hansard ↗
“There are impediments to the success of the current scheme for black-coal industry workers. Firstly, there's the issue of historical levies owed by employers. This has meant that employees have been unable to accrue and access long service leave entitlements. Secondly, the additional levy employers must pay on late levy payments needs to change to meet current cash rates, to encourage employers to pay on time. This bill will ensure more Australian workers can access their lawful long service leave entitlements. This bill incentivises employers to comply with the coal long service leave scheme. It will ensure workers in the black-coal mining industry can be more certain of their financial future. And, ultimately, this is about the Albanese Labor government standing up for workers' entitlements.”Read the full speech in Hansard ↗
“The principle behind this bill is straightforward. If workers have earned their long service leave, they should be able to have access to it. If they have spent years contributing their skills, effort and dedication to an industry, that service should be properly recognised. This legislation strengthens the Coal Long Service Leave Scheme, improves compliance and ensures that more workers are connected with the entitlements they deserve, because fairness in the workplace is not just a principle we talk about in this place; it's something we must continue to deliver in practice for working Australians each and every single day.”Read the full speech in Hansard ↗
“I rise to speak in support the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025. This bill amends two pieces of Commonwealth legislation: the Coal Mining Industry (Long Service Leave) Administration Act 1992 and the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992. The amendments address two matters that have arisen over the time in the operation of the portable long service leave scheme for the black-coal mining industry. The first concerns historical levy liabilities that have accumulated following disputes about the scope of the scheme. The second concerns the operation of the additional levy that applies where levy payments are made late. Each of these matters goes directly to the integrity of the scheme and to the ability of workers to access entitlements that the law provides.”Read the full speech in Hansard ↗
“This bill is grounded in fairness, practicality and respect for working people and those who employ them. It acknowledges the central role of coalmining regions like mine, the mighty Hunter. It supports employers to do the right thing. Most importantly, it ensures that workers, the men and women who have given so much to this industry and our country, can access the long service leave entitlements that they've earned. As the daughter of a coalminer and as a proud representative of the Hunter, I really want to commend this bill to the House, and I want to thank those people who get up early in the morning, go to work and don't go to bed until very late or work through the night. It is a hard job in the coal industry. No-one denies how hard it is. It's still full of risk, but it's also full of good reward, and it's something that each one of us in this place can feel proud of, not only because of the employment it provides the people of Australia but because of the wealth that it provides our nation as well. I commend the bill to the House.”Read the full speech in Hansard ↗
“No miner should lose an entitlement simply because a folder went missing or a company disputed its obligations. This is a good reform. It is about doing right by the people who did right by their industry. But fairness must also have a structure behind it, a system strong enough to protect workers not just today but for decades to come. That's why this bill also restores the additional levy, a key compliance tool designed to ensure employers pay their levies on time. We know that, for too long, this penalty has been tied to an outdated interest rate which the Reserve Bank no longer publishes, meaning it no longer discourages late payments the way it was meant to. Without timely payments, the system weakens and when the system weakens, workers suffer. By updating the additional levy to align with the current Reserve Bank cash rate, the bill ensures that compliance is meaningful again and not just symbolic. It sends a clear signal that long service leave is not optional, not negotiable and not something that can be delayed without consequence. When employers meet their obligation, the entire system grows stronger. When the system grows stronger, workers are finally protected.”Read the full speech in Hansard ↗
“The legislation is part of Labor's long tradition of standing up for workers and fixing broken systems so entitlements are real, not just words on paper. I am proud to support this bill. I am proud to stand up for coalminers and I'm proud to represent a community that have built this country with their hands, their backs and their sacrifice. Labor will always stand up for working people. We will always back the Hunter and we'll always back coalminers. I commend the bill to the House.”Read the full speech in Hansard ↗
“I rise in support of the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill. At the outset, I'd like to say that, while this bill is meaningful for me as a representative of an outer metropolitan seat in Forde, at first glance it may seem unusual that somebody from outside a coalmining town is passionate about this, but there's a few reasons—three reasons, in fact—why this is particularly important to me at both a personal and a political level.”Read the full speech in Hansard ↗
“At the outset, on this bill, let me be very, very clear, long service leave is not a perk. It is a recognition of loyalty, endurance and years of hard—and often physically demanding—work. In the coalmining industry, where workers frequently move between employers while remaining in the same industry doing the same jobs, that portable long service leave is an essential part of their wellbeing. Without it, workers lose entitlements simply because the structure of their industry requires mobility, and this legislation makes sure that that does not happen. The coalmining industry long service leave scheme has existed for decades, underpinned by the simple principle that coalminers should not be penalised for the way that their industry operates. This bill strengthens that very principle and modernises the scheme to ensure it remains sustainable, fair and fit for purpose now and into the future.”Read the full speech in Hansard ↗
“Long service leave reflects the simple idea that loyalty, dedication and years of service should be recognised. This bill ensures that recognition is not lost because of technical disputes, incomplete records or historical uncertainty. It restores the connection between workers and the entitlements that they have earned, and that, all Australians would agree, is a commonsense approach. On that note, I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Amanda Rishworth, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Rishworth supports the bill as a balanced way to give eligible coal workers their full long service leave entitlements while allowing employers to settle historical levyEmployer payment that funds workers' leave. debts through six-year instalment plans and a partial debt waiverDebt the employer no longer pays..
“This bill is a practical and balanced response to complex legacy issues. It reflects the government's commitment to supporting employers to pay their debts and connecting their employees with their lawful entitlements. I commend the bill to the House.”Read this contribution in Hansard ↗
Second reading speech
Rishworth supports the bill as a practical way to resolve unpaid employer levies, protect coalminers' long service leave entitlements and strengthen the scheme's sustainability. She says government amendments will give employers limited flexibility, address incomplete historical records and prevent duplicate payments.
“I'd like to acknowledge the work of the Senate Education and Employment Legislation Committee and thank all those who made a submission for their constructive engagement. The committee's report recognised the importance of resolving longstanding uncertainty while protecting workers' entitlements and highlighted practical issues around timeframes, historical records and prior long service leave payments. The government has listened carefully, and, shortly, the government will be moving amendments to respond directly to these matters. The government's amendments provide targeted refinement to the bill by allowing limited flexibility to extend opt-in timeframes for individual employers, broadening the use of reasonable assumption when historical records are missing or incomplete and ensuring that employers are not required to pay twice for long service leave they've already provided. Together, these changes along with the bill support participation in the payment arrangements, protect workers' entitlements and ensure the bill operates fairly and as intended. I commend the bill to the House.”Read this contribution in Hansard ↗
“I thank the Senate for the indication of support for the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2026. I'll just make a very brief comment. The bill is about delivering fairness and certainty for workers in the black-coal mining industry and supporting employers. The bill creates a practical, time-limited pathway for employers to resolve unpaid levies so that workers can access their lawful entitlements without delay. The bill also introduces an effective penalty for late levy payments that promotes employers' timely compliance with their obligation and contributes to the Coal Long Service Leave Scheme's long-term sustainability.”Read the full speech in Hansard ↗
5 speakers · 5 support
“This bill will enable the employers to ensure that they provide the support that is needed. The coalition supports this bill and we very much support the industry. It is an industry that backs tens of thousands of workers, an industry that has provided so much hope and aspiration, fulfilled the dreams of so many Australians. Industry has welcomed the legislation. The minister's intention to grant extension of time for repayment plans are in light of ongoing litigation. We don't want to see too much of that, because of lapsed legislation or procrastination within this place, when we line the pockets of lawyers. That's not a good thing. That's not an outcome for anybody. That's why the bill is important.”Read the full speech in Hansard ↗
“The coalition supports this bill because its practical, balanced and noncontroversial reforms provide certainty for workers, certainty for employers and stability for an industry that has helped build modern Australia. At its core, this legislation establishes a voluntary pathway for employers to repay historical debts relating to unpaid portable long service leave levies in the black coalmining industry. I come from a state that proudly has the largest single deposit of brown coal in the Southern Hemisphere—500 years worth, on current usage rates—but this bill is dealing specifically with the resources in New South Wales, Queensland and other states.”Read the full speech in Hansard ↗
“I want to be clear from the outset that the coalition will support this bill. We support it because at its core it's about fairness for the people who do the heavy lifting for this country. It's about ensuring that a worker's history isn't lost in the overburden of administrative errors or legislative confusion. However, our support is not a blank cheque. While we're prepared to help clear the path for these amendments, we have serious concerns about the legacy of mismanagement that has brought us to this point, and we have even deeper concerns about how this government intends to manage the resources sector moving forward.”Read the full speech in Hansard ↗
“I rise to speak on the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025. From the outset, I make it clear that the opposition will be supporting this bill because it's both noncontroversial and pragmatic. It resolves longstanding uncertainty and provides fairness to employers who have acted in good faith, and preserves the integrity of the coal long service leave scheme for the workers who rely on it.”Read the full speech in Hansard ↗
“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.”Read the full speech in Hansard ↗
1 speaker · 1 support
“This bill is rewarding delinquent employers by giving them a discount when they pay. They get a discount for being delinquent and underpaying their levy. There has been such a mess made in coal long service leave for so long, and such shoddy governance, but we're informed that the miners would rather have some certainty on this being resolved hence giving the company the 20 per cent discount on entitlements that they must pay in order to have this resolved—otherwise it could drag on for years. We are listening to miners.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Education and Employment Legislation Committee
Report tabled 23 Mar 2026
Referred to Committee (5 Feb 2026): Senate Education and Employment Legislation Committee; Committee report (23 Mar 2026)
APH bill page notes