Black Coal Mining Industry Award

Coverage turns on mine related duties and the correct classification stream, not just the employer's label or the employee's job title.

• Check both where the work is done and what kind of work it is. This award is tied to black coal mining operations, not just to an employer in the resources sector.
• Match the employee to the correct stream: Schedule A production and engineering employees, Schedule B staff employees, or Schedule I mines rescue service employees.
• If the business is covered by more than one award, the employee sits under the classification that is most appropriate to the work performed and the environment in which it is normally performed.

The award is quite prescriptive about who can be full-time, part-time or casual, and what must be recorded for part-time and casual staff.

• Full-time employees average 35 ordinary hours per week.
• Part-time employees work less than 35 hours per week, must have reasonably predictable hours, and need a written regular pattern stating hours, days, and actual start and finish times.
• Any part-time hours worked beyond the agreed pattern are overtime.
• Casual employment is only available for Schedule B staff classifications. Casuals have a 4 hour minimum engagement and a 25% loading.

Roster design is a key compliance issue under this award because ordinary hours are lower than a standard 38 hour award and long shifts need extra support.

• Ordinary hours are 35 per week, or an average of 35 per week over a roster cycle.
• The employer may determine the roster type, shift length up to 10 ordinary hours, and start and finish times for shifts up to 10 hours.
• Shifts longer than 10 ordinary hours need majority agreement or a dispute outcome under the award procedure.
• If an employee performs mixed functions on a shift, payroll needs to pay the whole shift at the highest applicable function rate.

Out of hours contact needs to be managed against the new right to disconnect framework, especially where stand-by or recall practices exist.

• The right to disconnect clause operates through the Fair Work Act framework.
• Small business timing is different to larger employers, so policies should reflect the correct commencement date for the business.
• The clause does not stop contact linked to stand-by arrangements or recall to work where the award expressly deals with those situations.

Hosted labour and casual status changes need to be checked against both the award and the NES, not handled informally site by site.

• The award expressly covers some group training and on-hire arrangements, but only within its coverage boundaries.
• Casual conversion is not set by a separate award formula here. The pathway sits in the NES and disputes can also run through the award dispute process.

Payroll setup needs more than a base classification rate because the award links pay to schedule based structures and special rules.

• Rates and allowances sit in the schedule structures, so payroll has to map each employee to the correct schedule and classification.
• The award contains mixed functions, school based apprentice and national training wage rules that can change payroll treatment.
• Accident pay rules also sit in the award and can affect workers compensation periods.

PR799282, PR799439

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 17 - Minimum rates and allowances, Schedule A - Production and Engineering Employees, Schedule B - Staff Employees, Schedule C - Summary of Hourly Rates of Pay - Production and Engineering, Employees, Schedule D - Summary of Hourly Rates of Pay - Staff Employees, Schedule I - Mines Rescue Service Employees