Legal uncertainty took too long to resolve
Andrew Willcox supported the bill but argued it should not have taken two Federal Court cases to clarify that affected workers were entitled to recognition under the scheme.
Coal Mining Industry (Long Service Leave) Legislation Amendment
Current status
This bill is currently before Parliament.
Policy area
Industry, agriculture & resources
What does this bill do?
Employers with historical unpaid coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. debts can seek voluntary payment arrangements, paying about 80% of the covered amount by instalments over six years with the remaining amount remitted if they comply.
Why was it introduced?
The bill was introduced because disputes over who was covered by the black-coal industry portable long service leaveLong service leave that follows a worker across eligible employers in an industry, rather than depending only on continuous service with one employer. scheme left some workers unable to have service recognised and left some employers with large unpaid levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. liabilities. The explanatory memorandum points to a 2010 eligibility change, the 2024 Hitachi and 2025 Orica Full Federal Court decisions, and a 2021 independent review that recommended government support to onboard disputed employers and workers and facilitate payment of historical debts.
Broader context
Australia has long had a portable long service leaveLong service leave that follows a worker across eligible employers in an industry, rather than depending only on continuous service with one employer. scheme for the black-coal mining industry because workers often move between mines, contractors and employers. After a 2010 change to the definition of eligible employee, some employers disputed whether workers such as maintenance, electrical and other mine-site service employees were covered, and unpaid levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. liabilities built up. A 2021 independent review recommended government support to resolve disputed coverage and historical debts, and later Full Federal Court decisions in Hitachi and Orica clarified coverage. The bill responds by creating a time-limited repayment pathway for employers and a way to build service records for affected workers despite incomplete old records.
Key criticism
The collected debate record shows broad support for the bill itself. Concerns focused less on opposing the measures and more on why legal uncertainty persisted for so long, the risk that immediate historical debts could harm employers and jobs, and wider disagreement about the government's resources and industrial relations policy.
Who supported it?
Amanda Rishworth MP introduced this bill. Supportive speeches so far have come from Labor, Liberal Party, Nationals, LNP.
Introduced in House 26 Nov 2025
Debate underway in House 10 Mar 2026
Not yet reached Senate —
Not yet law —
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
196 days
Updated 10 June 2026.
Meaning
What does this bill do?
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Employers with historical unpaid coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. debts can seek voluntary payment arrangements, paying about 80% of the covered amount by instalments over six years with the remaining amount remitted if they comply.
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Coal Long Service LeaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. can use employer information and reasonable assumptions to create or update service records where old records are incomplete, so eligible black-coal industry workers can access long service leave they have earned.
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Payment arrangements must identify the individual employees and periods of service covered, include an audit report, and can offset some long service leave payments already made to workers when employment ended.
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The penalty rate for late coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. payments is updated so it is generally the Reserve Bank cash rate plus 2 percentage points, replacing an outdated reference rate.
Show source excerpts
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Employers who enter into a payment arrangement would pay levy in instalments over 6 years, with the remaining 20% of the debt waived when they reach an 80% payment threshold.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum -
This process would facilitate the onboarding of eligible employees and the creation of service records which reflect historical qualifying service.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum -
payment arrangements would specify the total subclause 10(8) amount in respect of the wages covered by the arrangement, details about any relevant long service leave cessation payments and an audit report.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum -
the Bill would provide that the rate of additional levy is 2 percentage points above the cash rate target published by the RBA, or an interest rate otherwise prescribed by the regulations.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum
Context
Broader context for this bill
Australia has long had a portable long service leaveLong service leave that follows a worker across eligible employers in an industry, rather than depending only on continuous service with one employer. scheme for the black-coal mining industry because workers often move between mines, contractors and employers. After a 2010 change to the definition of eligible employee, some employers disputed whether workers such as maintenance, electrical and other mine-site service employees were covered, and unpaid levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. liabilities built up. A 2021 independent review recommended government support to resolve disputed coverage and historical debts, and later Full Federal Court decisions in Hitachi and Orica clarified coverage. The bill responds by creating a time-limited repayment pathway for employers and a way to build service records for affected workers despite incomplete old records.
- 2010
Eligibility wording changes in the coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. scheme
The explanatory memorandum says a 2009 amendment, commencing in 2010, changed the definition of eligible employee and was followed by disputes about coverage for some workers on the edge of the black-coal mining industry.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum ↗ - Dec 2021
Independent review recommends support to resolve disputed coverage
The independent review of the Coal Mining Industry Long Service Leave Funding Scheme recommended that government work with stakeholders to onboard employers and employees whose coverage had been disputed and facilitate payment of historical debts.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum ↗ - 2024
Hitachi decision helps clarify scheme coverage
The explanatory memorandum identifies Hitachi Construction Machinery (Australia) Pty Ltd v Coal Mining Industry (Long Service Leave Funding) CorporationThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. as one of the Federal Court decisions clarifying eligibility for affected workers.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum ↗ - 2025
Orica decision adds further clarity on eligibility
The explanatory memorandum identifies Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) CorporationThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. as another Full Federal Court decision that clarified scheme coverage for disputed employee groups.
Coal Mining Industry (Long Service Leave) Legislation Amendment explanatory memorandum ↗ - 26 Nov 2025
Government introduces repayment and service-record reforms
Amanda Rishworth introduced the bill, saying it would create a practical pathway for employers to settle historical levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. debts and connect eligible workers with their long service leave entitlements.
Minister's second reading speech ↗ - 10 Mar 2026
House debate records broad support
Government and opposition speakers supported the bill while focusing on fairness for coal workers, business viability, legal uncertainty and the importance of coal regions.
House of Representatives debate speeches ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 26 Nov 2025
The bill was presented in the House of Representatives, starting its parliamentary consideration.
Introduced and read a first time
Second reading opened 26 Nov 2025
Amanda Rishworth moved the second reading and explained the government's case for the bill.
Second reading moved
Education and Employment Legislation Committee; Committee report (23/03/2026) review 05 Feb 2026
Referred to Committee (05/02/2026): Senate Education and Employment Legislation Committee; Committee report (23/03/2026)
Referred to committee
APH bill page notesSecond reading debate 10 Mar 2026
Members debated the bill, with the opposition indicating support and speakers discussing worker entitlements, employer liabilities and coal communities.
Key criticism
The main case against this bill
The collected debate record shows broad support for the bill itself. Concerns focused less on opposing the measures and more on why legal uncertainty persisted for so long, the risk that immediate historical debts could harm employers and jobs, and wider disagreement about the government's resources and industrial relations policy.
No proposed amendments, recorded divisions or direct opposition to the bill were collected from the APH bill page at collection time.
Immediate historical liabilities could endanger some employers
Opposition speakers supported the staged repayment model because immediate collection of large historical debts could create hardship, insolvency risks and job losses for some businesses.
Broader resources policy concerns remained
Coal-region opposition speakers used the debate to criticise the government's broader approach to coal, energy and resources policy, while still supporting this specific bill.
Further sources
Votes
Recorded votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Amanda Rishworth
Amanda Rishworth introduced the bill as a practical response to legacy coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. coverage disputes.
Read in Hansard ↗ Lead supporting voice Supports
Michael McCormack
Michael McCormack supported the bill and used the debate to defend the coal industry and its workers.
Read in Hansard ↗ Lead voice Supports
Pat Conroy
Pat Conroy supported the bill as a worker-entitlement measure for coal communities in Shortland and nearby mining regions.
Read in Hansard ↗ Lead voice Supports
Matt Burnell
Matt Burnell supported the bill because it would let workers access long service leave many had earned but could not claim.
Read in Hansard ↗All speeches by bloc
Labor
10 speakers · 10 support
Labor
10 speakers · 10 support
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Pat Conroy ★ Pat Conroy supported the bill as a worker-entitlement measure for coal communities in Shortland and nearby mining regions.
“This bill will ensure more Australian workers can access their lawful long service leave entitlements.”
Read the full speech in Hansard ↗ -
Matt Burnell ★ Matt Burnell supported the bill because it would let workers access long service leave many had earned but could not claim.
“Where records are missing, reasonable assumptions will be permitted to help reconstruct service histories.”
Read the full speech in Hansard ↗ -
Tom French Tom French supported the bill and explained it as a technical but important repair to the coal portable long service leaveLong service leave that follows a worker across eligible employers in an industry, rather than depending only on continuous service with one employer. scheme.
“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.”
Read the full speech in Hansard ↗ -
Meryl Swanson Meryl Swanson supported the bill as a fairness measure for coal workers and mining families in the Hunter and other coal regions.
“At its heart, this legislation is about fairness. It's about making sure that workers in the coalmining industry can access long service leave entitlements that they've lawfully earned.”
Read the full speech in Hansard ↗ -
Steve Georganas Steve Georganas supported the bill as a way to recognise dangerous and demanding mining work and resolve historic levyA payment by employers on eligible wages that funds coal industry long service leave entitlements. and record problems.
“The Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025 makes sure that miners receive the long service leave that they have earned.”
Read the full speech in Hansard ↗ -
Dan Repacholi Dan Repacholi supported the bill as a former coalminer and member for Hunter.
“The bill addresses two longstanding legacy issues in the coalmining industry long service leave scheme.”
Read the full speech in Hansard ↗ -
Rowan Holzberger Rowan Holzberger supported the bill by linking it to mining communities, Queensland coal workers and Labor's role in legislating workplace entitlements.
“I rise in support of the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill.”
Read the full speech in Hansard ↗ -
Sharon Claydon Sharon Claydon supported the bill as a protection for coal workers in Newcastle and the Hunter.
“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.”
Read the full speech in Hansard ↗ -
Carina Garland Carina Garland supported the bill as a straightforward worker-entitlements measure.
“The proposed legislation, the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025, is about the simple principle that workers should receive in full the entitlements they have lawfully earned.”
Read the full speech in Hansard ↗ -
Amanda Rishworth ★ Amanda Rishworth introduced the bill as a practical response to legacy coal long service leaveThe Commonwealth scheme and corporation that manages portable long service leave entitlements for eligible workers in the black-coal mining industry. coverage disputes.
“The bill allows employers to set up payment arrangements for outstanding levy debts, to be paid in instalments over six years.”
Read the full speech in Hansard ↗
Coalition
3 speakers · 3 support
Coalition
3 speakers · 3 support
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Michael McCormack ★ Michael McCormack supported the bill and used the debate to defend the coal industry and its workers.
“This 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.”
Read the full speech in Hansard ↗ -
Andrew Willcox Andrew Willcox said the coalition supported the bill because it was about fairness for coal workers, but he criticised the uncertainty that made the legislation necessary.
“I want to be clear from the outset that the coalition will support this bill.”
Read the full speech in Hansard ↗ -
Tim Wilson Tim Wilson said the opposition supported the bill as noncontroversial and pragmatic.
“From the outset, I make it clear that the opposition will be supporting this bill because it's both noncontroversial and pragmatic.”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Before Reps -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 26 Nov 2025
House · Introduced and read a first time
Introduced
The bill was presented in the House of Representatives, starting its parliamentary consideration.
- 26 Nov 2025
House · Second reading moved
Second reading opened
Amanda Rishworth moved the second reading and explained the government's case for the bill.
- 10 Mar 2026
House · Second reading debate
Second reading debate
Members debated the bill, with the opposition indicating support and speakers discussing worker entitlements, employer liabilities and coal communities.
Senate Education and Employment Legislation Committee; Committee report (23/03/2026)
Referred to committee
Referred to Committee (5 Feb 2026): Senate Education and Employment Legislation Committee; Committee report (23 Mar 2026)
APH bill page notes