Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source

One Nation has a second reading amendment to the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2026. I move:

At the end of the motion, add ", but the Senate calls on the Government to immediately pursue backpay for workers who were underpaid as a result of the use of casual labour hire contracts in the coal mining industry".

The 'workers' are the casual coalmine workers.

There are thousands of casual miners who have been underpaid in Australia's largest wage theft case. I've been chasing this up on their behalf for seven years. We are chasing this and we will continue to chase it. They have been underpaid for many years. Some are owed up to $211,000. Others are owed more than $40,000 a year.

We have some concerns with this bill but it's going through as a noncontroversial bill—I'll explain why in a minute—because we have listened to the miners. Long service leave in the coalmining industry has exhibited poor governance and broken government contracts. This has now been exposed. We exposed it. We were told, 'No, you're wrong.' Then they found out that we were correct. We were vindicated.

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.

We've had three aims for our work on this since 2019: (1) to get Central Queensland and Hunter Valley miners their just, moral and legal entitlements; (2) to stop the practice of using unlawfully processed enterprise agreements—we're pursuing that; (3) to bring justice for the miners against those employers, union bosses and agencies that have been colluding against and ripping off these miners.

Leah Blyth (SA, Liberal Party, Shadow Assistant Minister for Defence Infrastructure) | Link to this | Hansard source

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.

Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) | Link to this | Hansard source

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.

I want to extend the government's thanks to the Senate Education and Employment Legislation Committee for their report on the bill and the recommendation that the bill be passed. I also thank those who engaged constructively with the committee's inquiry and provided submissions. The government has listened carefully and made amendments to respond directly to matters raised in those submissions.

I'll just speak briefly to Senator Roberts's second reading amendment. For clarity, the government has requested the Fair Work Ombudsman investigate allegations regarding coal mining worker underpayments. I understand that the Fair Work Ombudsman investigation is ongoing. It is currently underway and has been underway for a while, and we look forward to those investigations concluding. The government is very proud of the support that we've given to coal mining workers, not only through previous iterations of this legislation but by making wage theft a crime and delivering same job, same pay. I commend the bill to the Senate.

Question negatived.

Original question agreed to.

Bill read a second time.