Check these things to make sure you’re getting the benefits you are entitled to:
Are you classified as a coal miner?
Some labour hire companies don’t classify you as a production worker which could then lead to you being denied basic entitlements, including workers’ injury compensation if you are injured. WorkCover Queensland can help you identify the condition of your employment.
Are your pay, entitlements and conditions the same as the permanent coal miners who work beside you?
There are many class actions under way to get labour hire casuals compensation for being denied proper pay and entitlements. There is current legal action against the following companies Hays, Workpac, Skilled, One Key, Ready Workforce (Chandler Macleod), Stellar and Tesa.
Are incidents and accidents at your workplace being reported, as legally required by the Queensland state government?
If you know of a workplace accident you can report it yourself anonymously by notifying Workplace Health and Safety Queensland (WHSQ) on 1300 362 128 or going to their website.
Does the management at your site get a safety bonus?
A safety bonus can cause a conflict of interest where management are incentivised to not report incidents or accidents so that they can qualify for bonuses. It is illegal to not report accidents.
If you know of a workplace injury you can report it yourself by notifying Workplace Health and Safety Queensland (WHSQ) on 1300 362 128 or go to their website.
Will your employer pay accident pay if you are injured?
Check that you are covered by WorkCover Queensland under the right WIC code for a coal miner. Insurers and/or self-insurance policies must, as a minimum, meet the Workers’ Compensation and Rehabilitation Act 2003.
If the employer is a labour hire company, they may have under-declared workforce numbers or put wrong job WIC codes on the premium. Call WorkCover to check on 1300 362 128.
Is your employer reporting your correct hours for long service leave?
Our investigation uncovered that some employers have under-reported employees’ hours to Coal LSL. To check if your hours are being reported correctly, compare your pay slip to reported hours to Coal LSL. Contact Coal LSL on 1300 852 625.
Is your superannuation being paid in accordance with your entitlements?
Make sure that your super contribution that is reported in your employment contract matches the contribution on your payslip. If there is a discrepancy call your HR team.
Has your employer declared the correct number of employees working on your site?
Some employers under-declare the number of employees onsite to save a few dollars on workers’ compensation insurance, and this may leave you uninsured if you have an accident.
Ask your HR team or if you are concerned refer to WHSQ Inspectors on 1300 362 128.
Have the employment and safety laws change since you started?
Make sure that you are up to date with the latest employment and safety laws that apply to you and your worksite. Don’t assume that someone is looking out for you. Start at WorkSafe Queensland.
Do you get your full leave entitlements as per the Award?
Coal miners should be covered by the Black Coal Mining Award that covers the minimum entitlements you receive. If you are covered by the Black Coal Mining Award or another award, you can check the award at FairWork Australia. If you have concerns start with your HR team or talk to an employment lawyer.
Checking off all of these helps ensure your employer isn’t shortchanging you. If you find any deficiencies, we’d like to hear about it. Please contact us.
