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

This section applies if:

an eligible employee dies; and

at the time of the employee’s death, either of the following apply:

the employee has a period of untaken long service leave under this Part;

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 the employee’s death, the employee’s legal personal representative 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’s legal personal representative no less than:

if subparagraph (1)(b)(i) applies—the amount that would have been payable to the employee under this Part had the employee taken all the untaken long service leave immediately before the employee died; and

if subparagraph (1)(b)(ii) applies—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 all that long service leave immediately before the employee died.

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.