On 15 May 2025, the Full Court of the Federal Court decided Orica's appeal in Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65.
The Federal Court's decision provides further clarity about coverage in the Coal Mining Industry Long Service Leave Scheme (Coal LSL scheme). It follows the dismissal of Hitachi's appeal in December 2024 in Hitachi Construction Machinery (Australia) Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2024] FCAFC 166, where the court determined the relevant employees were eligible for the Coal LSL scheme.
The Australian Government acknowledges the impact of the decisions in Hitachi and Orica on some employers in the coal mining industry. To address these impacts, the Government will progress legislation for a repayment plan, which includes a debt waiver component, for employers with historical levy debts. We will consult with industry representatives about this.
The Government is committed to supporting employers and workers impacted by these decisions and will continue working with the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) and industry representatives on a balanced approach that supports employers to meet their financial obligations.
