Amanda Rishworth (Kingston, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I present the supplementary explanatory memorandum to the bill. I seek leave of the House to move government amendments (1) to (21), as circulated, together.

Leave granted.

I move:

(1) Schedule 1, item 5, page 6 (line 31) to page 7 (line 9), omit the definition of long service leave cessation payment in clause 2, substitute:

long service leave payment, in relation to a person, means a payment made by an employer that was:

(a) made to the person, or to the person's legal personal representative; and

(b) made:

(i) for long service leave taken by the person during a period of employment with the employer; or

(ii) in lieu of untaken long service leave, whether made during a period of employment with the employer or when (or after) the person ceased to be an employee of the employer; and

(c) made in pursuance (or purported pursuance) of:

(i) a law of a State or Territory; or

(ii) an industrial instrument; or

(iii) the National Employment Standards (within the meaning of the Fair Work Act 2009).

(2) Schedule 1, item 5, page 7 (line 16) omit "cessation".

(3) Schedule 1, item 5, page 8 (lines 27 to 29), omit paragraphs 5(2)(a) and (b), substitute:

(a) if paragraph (b) of this subclause does not apply:

(i) the day (if any) determined under subclause (3); or

(ii) if no day is determined—the day that is 2 months after the unpaid levy calculation day; or

(b) if the Corporation is satisfied that there are reasonable grounds for approving a later day—a later day approved by the Corporation at the written request of the person made before the end of:

(i) the day mentioned in paragraph (a) of this subclause; or

(ii) a day previously approved under this paragraph.

(4) Schedule 1, item 5, page 9 (line 2), omit "paragraph (2)(a)", substitute "subparagraph (2)(a)(i)".

(5) Schedule 1, item 5, page 9 (line 5), omit "paragraph (2)(b)", substitute "subparagraph (2)(a)(ii)".

(6) Schedule 1, item 5, page 9 (after line 6), at the end of clause 5, add:

(5) For the purposes of paragraph (2)(b), a day must not be extended beyond the day that is 12 months after the unpaid levy calculation day.

(7) Schedule 1, item 5, page 12 (line 23) omit "cessation".

(8) Schedule 1, item 5, page 12 (line 24) omit "cessation".

(9) Schedule 1, item 5, page 13 (line 1) omit "cessation".

(10) Schedule 1, item 5, page 13 (line 3) omit "cessation".

(11) Schedule 1, item 5, page 13 (line 13) omit "cessation".

(12) Schedule 1, item 5, page 13 (line 16) omit "cessation".

(13) Schedule 1, item 5, page 13 (line 18) omit "cessation".

(14) Schedule 1, item 5, page 13 (line 30) omit "cessation".

(15) Schedule 1, item 5, page 14 (line 29) to page 15 (line 4), omit paragraph 11(c), substitute:

(c) if the person does not have sufficient information to work out a matter required to be specified or included in relation to an employee covered by the arrangement—the person may, in working out the matter, make reasonable assumptions about:

(i) the employment of the employee; and

(ii) the employment of a class of employees of which the employee was a member.

(16) Schedule 1, item 5, page 18 (before line 10), before paragraph 17(a), insert:

(aa) to refuse to approve a later day to give a notice of intention, under paragraph 5(2)(b);

(17) Schedule 1, item 5, page 24 (line 14) omit "cessation".

(18) Schedule 1, item 5, page 24 (line 16) omit "cessation".

(19) Schedule 1, item 5, page 24 (line 18) omit "cessation".

(20) Schedule 1, item 5, page 24 (line 23) omit "cessation".

(21) Schedule 1, item 5, page 24 (line 32) omit "cessation".

I rise to speak on the government amendments to the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025. Last November, I introduced the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2025 to provide a voluntary pathway for employers to resolve historical unpaid levy liabilities to the Coal Long Service Leave Scheme for workers in Australia's black coal mining industry. These liabilities arose in the context of longstanding disputes about the coverage of the scheme, which were ultimately subject to litigation. The bill enables these liabilities to be dealt with in a structured and sustainable manner while ensuring eligible workers in the black coal mining industry can access their long service leave entitlements as soon as possible.

During the debate in the House earlier this year, the bill received support from all sides of parliament, reflecting a shared recognition that these legacy issues need to be resolved in a fair and practical way. The bill was subsequently referred to a parliamentary inquiry. While the Senate Education and Employment Legislation Committee recommended that the Senate pass the bill, some stakeholder submissions to the inquiry raised three areas where targeted refinement could further improve its operation. The amendments the government is moving today directly respond to that feedback. They are measured and practical changes that maintain the policy intent of the bill while removing unnecessary barriers for employers. Throughout this process, the government's objective has been clear: we want to connect workers in the black coal mining industry with their long service leave entitlements as quickly as possible while supporting employers to resolve liabilities that in some cases extend more than a decade.

The first amendment provides additional flexibility around timeframes for employers to opt into the payment arrangement process legislated by the bill. The bill, as it stands, sets a two-month timeframe alongside enabling the minister to extend this opt-in period for employers generally. The amendment will insert an additional mechanism to allow the coal long service leave corporation to extend the opt-in period for an individual employer where reasonable grounds exist. The amendment recognises some employers may face genuine circumstances, such as ongoing court proceedings, that could make it difficult to meet the general timeframes.

The second amendment addresses the practical realities of historical employment records. Some unpaid levy liabilities relate to service performed many years ago. Employers may no longer hold complete or reliable records of matters, such as hours worked, classification or base rates of pay. Currently, the bill permits a more limited range of assumptions relating to eligible wages, incentive payments and bonuses. This amendment would broaden the circumstances where employers can use reasonable assumptions. It supports a fair and workable approach that reflects the age of the liabilities. Safeguards are in place to ensure that any additional assumptions permitted by the amendments are subject to appropriate oversight, and employers may only make reasonable assumptions about employment matters where sufficient information is unavailable. In addition, any payment arrangements must include an audit report confirming that the amount specified in the arrangements is correct. All payment arrangements will be considered by the board of the corporation, which may request further information or documentation in relation to the arrangements. Allowing for reasonable assumptions supports the government's objective of ensuring workers are not excluded from repayment arrangements due to gaps in historical records.

The third amendment ensures the offset arrangements operate fairly. It would expand the circumstances in which employers can reduce the base amount payable to the coal long service leave corporation under a payment arrangement to include certain long service leave payments made during employment. This is in addition to offsets already allowed for certain payments made by employers on cessation. It includes payments made under any state and territory laws, industrial instruments or the National Employment Standards. Amidst uncertainty about the coverage under the Coal Long Service Leave Scheme, some employers may have paid long service leave under state laws or other instruments because they understood those arrangements to apply at the time. The government is moving this amendment to ensure employers are not required to pay twice for the same period of an employee's long service leave.

Scott Buchholz (Wright, Liberal Party) Share this | Link to this | Hansard source

The minister has the call.

Amanda Rishworth (Kingston, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Importantly, this amendment has no impact on employee entitlements. Employees will receive their full entitlement.

Taken together, these amendments strengthen the operation of the unpaid levy payment arrangements and respond directly to stakeholder feedback provided through the inquiry process. They make it easier for employers to enter into the arrangements, deal with sensible legacy record-keeping issues and ensure fairness where other payments have already been made in relation to a period of long service leave. Most importantly, they support the central purpose of this bill by encouraging employer participation and removing unnecessary obstacles. These amendments will help ensure that workers in the black coalmining industry are connected with their long service leave entitlements efficiently and in full. This is about resolving the past in a practical way, supporting employers to meet their obligations and delivering certainty and fairness for workers who are entitled to these benefits. I commend the amendments to the House.

Question agreed to.

Bill, as amended, agreed to.