The Mining and Energy Union has welcomed today's High Court decision confirming that shotfirers working at Australian coal mines are entitled to coverage under the coal industry's portable long service leave scheme.
The High Court ruled in favour of the Coal Mining Industry (Long Service Leave Funding) Corporation, overturning an earlier Federal Court decision that threatened the entitlements of shotfirers and other workers who perform essential work at coal mines.
The Court recognised that shotfiring is "an intrinsic and essential part of coal mining" and rejected arguments from employer Orica that would have excluded these workers from long service leave coverage because of the broader nature of Orica’s business.
The Court found that workers carrying out shotfiring duties at coal mines are "eligible employees" under the Coal Mining Industry (Long Service Leave) Administration Act and are covered by the Black Coal Mining Industry Award.
The MEU intervened in the High Court proceedings to defend the principle that shotfirers are coal industry workers for the purposes of the Award and the industry’s portable long service leave scheme.
MEU General Secretary Glenn Power said the decision reflected a common sense view of who should be considered a coal mine worker, which should be determined by the nature and location of work performed and not the broader activities of the employing entity.
"The High Court has confirmed that workers who carry out essential coal mining work at coal mines should be treated as coal industry workers.
"Shotfirers play a critical role in the mining process. Without their work, coal cannot be accessed or extracted. The Court rightly recognised that reality.
"This portable long service leave scheme exists because workers build careers across the coal industry, often moving between employers while doing the same work. The Court has confirmed that employers cannot use technical arguments about corporate structures to deny workers the benefits they have earned."
The MEU said the judgment provides important certainty for workers, employers and the industry. It follows the passage of legislation through Federal Parliament in July removing barriers to employer compliance with the Coal Long Service Leave scheme by introducing voluntary payment arrangements to address historical debt.
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