INFORMATION FOR CASUALS
Changes for casual employees under the Protecting Worker Entitlements Act 2023.
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PROTECTING WORKER ENTITLEMENTS
Information for employers about changes as part of the Government's Protecting Worker Entitlements laws.
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01.
Scheme coverage
Purpose of this Guidance Note
This information aims to assist employees and employers to understand who is covered by the scheme. The examples given are indicative only and intended as high-level illustrations of how the relevant definitions in the Admin Act are to be applied.
To be covered by the scheme, a person must be working for a national system employer* in the black coal mining industry and be an ‘eligible employee’ being paid ‘eligible wages’ as defined by the legislation.
*The definition of ‘employer’ in Coal LSL’s legislation refers only to a national system employer as defined in section 14 of the Fair Work Act 2009.
If after considering this Guidance Note:
an employee remains uncertain whether they are an eligible employee for the purpose of the Admin Act; or
an employer remains unsure whether any of its employees are eligible employees for the purposes of the Admin Act;
we recommend that they contact Coal LSL to discuss the specific circumstances that apply to the employee/employees in question.
NOTE: Reference to a ‘mine’ or ‘coal mine’ in this information refers to a black coal mine.
Definition of ‘eligible employee’
To be considered an eligible employee, an individual must satisfy one of the definitions contained in Section 4 of the Admin Act. Eligible employee means:
(a) an employee who is employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine; or
(b) an employee who is employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine; or
(c) an employee permanently employed with a mine rescue service for the purposes of the black coal mining industry; or
(d) a prescribed person who is employed in the black coal mining industry; but does not include a person declared by the regulations not to be an eligible employee for the purposes of this Act.
Note: For prescription or declaration by class, see subsection 13(3) of the Legislation Act 2003.
In most circumstances, eligibility of an employee is established under either the definition in subsection (a) or the definition in subsection (b).
When assessing an employee's eligibility, the specific circumstances of each case must be considered. An employee will only be considered eligible if all aspects of one of the relevant definitions are satisfied.
This Guidance Note considers a series of scenarios specific to the definitions in subsections (a) and (b).
NOTE:
Scenarios provided in relation to the definition in subsection (a) are those in which employees are considered working for companies whose predominant business is in the black coal mining industry (i.e. employers engaged in the black coal mining industry).
Scenarios provided in relation to the definition in subsection (b) are those in which employees are considered working for contracting companies whose predominant business is outside the black coal mining industry (i.e. not employers engaged in the black coal mining industry).
When may the duties of an employee be directly connected with the day to day operation of a black coal mine?
A range of matters are considered when determining whether an employee’s duties are directly connected with the day to day operation of a black coal mine, such as:
Nature of duties/work performed: work must be connected to the mining operation. This applies regardless of work status e.g. full time, part time, casual, contract or skill/labour hire.
Work pattern: work must be performed regularly and may be scheduled or embedded in the ongoing operation of the mine rosters and other work arrangements.
Location of work: the location of work is where duties are performed e.g. a mine site, an industrial park, or complex. The majority of time working must be at or about the place where black coal is mined.
In brief, we assess the circumstances in which the employee is employed to do their work.
NO SINGLE FACTOR IS DETERMINATIVE. ALL FACTORS ARE VIEWED IN TOTALITY.
What is the meaning of black coal mining industry?
Section 4 of the Admin Act says: 'black coal mining industry has the same meaning as in the Black Coal Mining Industry Award 2010 as in force on 1 January 2010.'
The following examples are considered employees of contracting companies whose predominant business is outside the black coal mining industry (i.e. not employers engaged in the black coal mining industry). As such, all scenarios are considered in relation to the definition in subsection (b). See examples for:
