Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011

An eligible employee of a kind prescribed by the regulations may make an agreement (a waiver agreement) with his or her employer that provides for the employer to do either or both of the following:

pay additional remuneration to the employee or as directed by the employee;

make additional contributions, for the employee’s benefit, to a superannuation fund nominated by the employee;

A period of qualifying service by an employee does not include any period during which a waiver agreement is in effect between the employee and an employer (see paragraph 39A(2)(d)).

An employer is not required to pay payroll levy in respect of eligible wages paid to an employee for any period during which a waiver agreement is in effect between the employee and an employer (see section 39BD).

The value of the additional remuneration, contributions, or both, must be equal to, or greater than, the amount of payroll levy that would have been payable by the employer in respect of eligible wages paid to the employee had the waiver agreement not been in effect.

The waiver agreement must:

be in writing; and

include terms dealing with the matters set out in subsection (4); and

be signed by both the employee and employer; and

specify the date on which the agreement is made; and

specify the date on which the agreement takes effect (being a date after the agreement is lodged with the Corporation under subsection (5)).

For the purposes of paragraph (3)(b), the matters are:

the frequency of the additional payments, contributions or both; and

if, because of a change in circumstances, the agreement no longer complies with subsection (2)—how the agreement is to be varied under section 39BA.

As soon as practicable after the waiver agreement is made, the employer must lodge it with the Corporation.

A waiver agreement between an employee and an employer ceases to have effect if:

the Corporation refuses to approve it (see subsection 39BC(5)); or

it is terminated under section 39BB; or

the employee ceases to be an eligible employee of a kind mentioned in subsection (1).