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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02.
A Cessation Application must be submitted for an eligible employee requesting their entitlement, who is ceasing to be an eligible employee.
The form has 3 sections that must be completed by your employee and a section that must be completed by an authorised contact of your organisation.
MEANING OF CESSATION
For the purposes of this document, cessation means ceasing to be an eligible employee. Instances where an employee may cease to be eligible can include:
leaving the Australian black coal mining industry
retirement
redundancy/resignation/end of contract
death
changing positions into a role which does not fit the definition of an eligible employee.
Please check your employee has included their correct personal details.
Please ensure your employee has:
Selected total hours or specific hours paid (and have entered the amount of hours if specific hours has been selected)
Entered the cessation date, which must match your records
Selected a cessation code that most accurately describes the reason they are ceasing to be an eligible employee. Note: the cessation code must match what was submitted on the Levy Advice form
Entered the payroll week start date
Signed and dated the form
The employee acknowledgement section of the form contains 2 components:
Employee signature and date: this must be completed by the employee for Coal LSL to accept the application, regardless of the checkbox status.
The checkbox stating ‘I understand that my employer may alter dates or reason for cessation to confirm accuracy’:
If the employee has ticked the checkbox, their permission is granted to their employer to amend the leave dates and reason for cessation noted on the form on the employee’s behalf, to ensure accuracy and prevent administrative errors.
If the employee has not ticked the checkbox, their permission is not granted for employers to amend the leave dates and reason for cessation noted on the form. Note: if the employee has not ticked this checkbox, the employer does not have permission to amend the leave dates and reason for cessation noted on the form.
The employer does not have grounds to refuse the form submission from the employee if this checkbox is not ticked.
This section must be completed by an authorised contact of your organisation.
Information related to the approved leave application is available in the Leave Approved report, in the Reports section of Online Services.
This report will be required to help you complete your Claim for Reimbursement.
Finding employee LSL numbers
You can access this information via the Current Employees section of Online Services. Here you will be able to see all eligible employees and their LSL number we have recorded for your organisation.
Cessation codes explained
Retirement: entitlement can be accessed once an eligible employee has reached 60 years of age or over and retires from the industry, regardless of how many years of qualifying service they have recorded.
Ill health or incapacity: an eligible employee can access their entitlement if they stop being an eligible employee due to ill health or incapacity, regardless of how many years of qualifying service they have recorded.
Redundancy: if an eligible employee’s position is made redundant and they have completed at least 6 years of qualifying service, they can request a benefit on cessation.
Other: an employee ceases to be an eligible employee other than by retirement, ill health, death or redundancy. This will include resignation, the end of an employment contract, or due to a change to an ineligible role within the same organisation. Refer to s39C - Payment on cessation - general of the Coal Mining Industry (Long Service Leave) Administration Act 1992.
All forms need to be submitted via Online Services in the supplied Adobe Acrobat PDF format (.pdf). View our support page for further instructions on how to submit your leave application online.
For questions, please call 1300 852 625 from Monday to Friday between 8.30am and 5.00pm (AEST/AEDT when in operation).
The Employee Details section of the form is accurately completed (i.e. one option for hours requested and indicated reason for cessation), signed and dated.
The cessation code most correctly describes the reason the employee is ceasing to be an eligible employee.
The Employer Details section of the form is accurately completed by an authorised contact of your organisation.