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This Act may be cited as the Coal Mining Industry (Long Service Leave) Administration Act 1992.
Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
Subject to subsection (3), sections 35 and 44 to 49 commence on a day or days to be fixed by Proclamation.
If a section mentioned in subsection (2) does not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
Subject to subsection (5), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
If a provision mentioned in subsection (4) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The main object of this Act is to make provision in relation to long service leave in the black coal mining industry by:
establishing a Coal Mining Industry (Long Service Leave Funding) Corporation; and
providing minimum entitlements and rights in respect of long service leave for eligible employees; and
requiring the Corporation to establish and maintain a Coal Mining Industry (Long Service Leave) Fund and to make payments out of the Fund to employers in the industry to reimburse them for payments made in respect of long service leave; and
appropriating money for the purposes of the Fund in respect of the amounts of payroll levy paid by employers under the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.
In this Act, unless the contrary intention appears:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
base rate of pay has the same meaning as in the Fair Work Act 2009.
black coal mining industry has the same meaning as in the Black Coal Mining Industry Award 2010 as in force on 1 January 2010.
Board means the Board of Directors of the Corporation.
Chairperson means Chairperson of the Board.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Corporation means the corporation established by section 6.
covers, in relation to an industrial instrument that is a modern award, enterprise agreement or workplace determination, has the same meaning as in the Fair Work Act 2009.
Deputy Chairperson means Deputy Chairperson of the Board.
Director means a member of the Board.
eligible employee means:
an employee who is employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine; or
an employee who is employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine; or
an employee permanently employed with a mine rescue service for the purposes of the black coal mining industry; or
a prescribed person who is employed in the black coal mining industry;
but does not include a person declared by the regulations not to be an eligible employee for the purposes of this Act.
For prescription or declaration by class, see subsection 13(3) of the Legislation Act 2003.
eligible wages has the same meaning as in the Payroll Levy Collection Act.
employee means a national system employee as defined in section 13 of the Fair Work Act 2009.
employee organisation has the same meaning as in the Fair Work Act 2009.
employee‑representative Director means a Director referred to in subsection 13(4) or (5).
employer means a national system employer as defined in section 14 of the Fair Work Act 2009.
Employer Reimbursement Rules has the meaning given by section 45.
employer‑representative Director means a Director referred to in subsection 13(2), (2A) or (3).
enterprise agreement has the same meaning as in the Fair Work Act 2009.
executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
fair work instrument has the same meaning as in the Fair Work Act 2009.
Federal Court means the Federal Court of Australia.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Fund means the Coal Mining Industry (Long Service Leave) Fund maintained by the Corporation under section 40.
FWC means the Fair Work Commission.
industrial association has the same meaning as in the Fair Work Act 2009.
industrial instrument means:
a fair work instrument; or
a contract of employment.
insolvent has the same meaning as in the Corporations Act 2001.
LSL credit has the meaning given by subsection 39AB(5).
LSL dispute has the meaning given by subsection 39D(1).
modern award has the same meaning as in the Fair Work Act 2009.
National Employment Standards has the same meaning as in the Fair Work Act 2009.
ordinary hours of work of an eligible employee means:
if an industrial instrument that covers the employee specifies, or provides for the determination of, the ordinary hours of work of the employee—those hours; or
otherwise—the hours agreed by the employee and his or her employer as the employee’s ordinary hours of work;
regardless of the number of hours actually worked by the employee.
payroll levy means the levy imposed by the Payroll Levy Act and includes any amount of additional levy paid under section 7 of the Payroll Levy Collection Act.
Payroll Levy Act means the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992.
Payroll Levy Collection Act means the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.
previous Fund means the Coal Mining Industry Long Service Leave Fund established under the States Grants (Coal Mining Industry Long Service Leave) Act 1949.
public holiday has the same meaning as in the Fair Work Act 2009.
qualifying service has the meaning given by section 39A.
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
salary sacrifice arrangement has the same meaning as in the Payroll Levy Collection Act.
waiver agreement means an agreement made under section 39B and includes such an agreement as varied under section 39BA.
workplace determination has the same meaning as in the Fair Work Act 2009.
A regulation is not to be made prescribing a person for the purposes of paragraph (d) of the definition of eligible employee in subsection (1) unless the prescribing of that person for those purposes has been recommended to the Minister by the Board.
This Act binds the Crown in each of its capacities.
A corporation, to be known as the Coal Mining Industry (Long Service Leave Funding) Corporation, is established.
The Corporation:
is a body corporate; and
is to have a seal; and
may sue and be sued in its corporate name.
The Public Governance, Performance and Accountability Act 2013 applies to the Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
The seal of the Corporation is to be kept in such custody as the Board directs, and must not be used except as authorised by the Board.
All courts, judges and persons acting judicially are to take judicial notice of the seal of the Corporation appearing on a document and are to presume that the document was duly sealed.
The functions of the Corporation are:
to establish and maintain the Fund; and
to make payments into and out of the Fund, and invest the Fund, in accordance with this Act and the Payroll Levy Collection Act; and
to advise the Minister as to the rates of payroll levy that should be imposed on employers; and
to monitor payments of the payroll levy and keep the Minister informed of any failure by an employer to pay the payroll levy; and
to maintain records relating to:
the employment of eligible employees; and
the qualifying service completed by, and the long service leave entitlements of, eligible employees; and
employers of eligible employees; and
amounts that are, or may become, payable to employers under Part 7; and
to advise the Minister generally on the operation of this Act, the Payroll Levy Act and the Payroll Levy Collection Act; and
such other functions as are conferred on the Corporation by the Payroll Levy Collection Act.
The Corporation has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:
acquire, hold and dispose of real or personal property; and
enter into contracts; and
occupy, use and control any land or building owned or leased by the Commonwealth and made available for the purposes of the Corporation; and
appoint agents and attorneys; and
do anything incidental to any of its powers.
The power of the Corporation to enter into contracts includes the power to enter into a contract with a person under which that person will administer the Fund on behalf of the Board.
Except with the written consent of the Minister, the Corporation must not enter into a contract under which, or as a result of which, the Corporation would or might be liable to pay, in respect of any one transaction, any commission, brokerage or fee exceeding $100,000 or, if a higher amount is prescribed, that higher amount.
Without derogating from the obligation of the Corporation to comply with subsection (3), the validity of a contract is not affected merely because the contract was entered into in contravention of that subsection.
There is to be a Board of Directors of the Corporation.
Subject to section 8, the Board is to manage the affairs of the Corporation and administer the Fund.
This section does not apply to the investment of the Fund or payments out of the Fund under section 44.
The Board must prepare guidelines for the management of the affairs of the Corporation and submit them to the Minister for approval.
The Minister may approve the guidelines or refer them back to the Board for revision in accordance with the directions of the Minister.
If the guidelines are referred back to the Board, the Board must revise the guidelines and submit the revised guidelines to the Minister for approval.
Subsection (3) applies to revised guidelines submitted under subsection (4) as it applies to guidelines submitted under subsection (2).
The Board consists of 6 Directors.
The performance of a function or the exercise of a power by the Corporation or the Board is not affected by:
a vacancy in the office of Chairperson or Deputy Chairperson; or
any vacancy in the membership of the Board.