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

This section applies if:

an employee ceases to be an eligible employee:

because of ill health; or

because he or she retires from the black coal mining industry on or after reaching the age of 60 years; and

at the time of so ceasing, the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and

at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section.

The employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee:

been entitled to long service leave for the period, or periods, of qualifying service; and

taken that long service leave immediately before ceasing to be an eligible employee;

Subsection (2) is a civil penalty provision.

Part 7A provides for pecuniary penalties for contraventions of civil penalty provisions.

Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.