1 Name of Regulations
These Regulations are the Coal Mining Industry (Long Service Leave Funding) Amendment Regulations 2011 (No. 1).
2 Commencement
These Regulations commence on 1 January 2012.
3 Amendment of Coal Mining Industry (Long Service Leave Funding) Regulations 1993
Schedule 1 amends the Coal Mining Industry (Long Service Leave Funding) Regulations 1993.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 1, including the note
substitute
1 Name of Regulations
These Regulations are the Coal Mining Industry (Long Service Leave) Administration Regulations 1993.
Note The original title of these Regulations was the Coal Mining Industry (Long Service Leave Funding) Regulations 1993.
[2] Subregulation 2 (1), definition of “Act”
substitute
Act means the Coal Mining Industry (Long Service Leave) Administration Act 1992.
Note The original title of the Act was the Coal Mining Industry (Long Service Leave Funding) Act 1992.
[3] After regulation 3
insert
4 Waiver agreements — prescribed employees
For subsection 39B (1) of the Act, the table sets out kinds of eligible employees.
Item | Kind of eligible employee |
1 | An eligible employee who: (a) is at least 55; and (b) has no qualifying service for the purposes of section 39A of the Act |
2 | An eligible employee who: (a) is at least 55; and (b) has at least 8 years of qualifying service for the purposes of section 39A of the Act |
3 | An eligible employee who is a manager of a corporation that is an employer of eligible employees in the black coal mining industry |
4 | An eligible employee who is a senior professional employee engaged in the management of a corporation that is an employer of eligible employees in the black coal mining industry |
5 | An eligible employee whose annual salary (including allowances) is: (a) in 2012 — at least $162 000; and (b) in a subsequent year — $162 000, as adjusted by the annual rate of the Consumer Price Index for 2012 and then for each completed year (if any) after 2012 |
6 | An eligible employee who is employed under an under-graduate placement or a work training placement |
Note Eligible employees of these kinds may make a waiver agreement with their employer as described in section 39B of the Act.
