Payments to employees if employer insolvent etc.
48 Payments to employees if employer insolvent etc.
An eligible employee, or a former eligible employee, may apply, in writing, to the Corporation for a payment in respect of a period of untaken long service leave under Part 5A if the employee’s employer is insolvent, is being wound up or has ceased to exist.
If the Board verifies that the employer is insolvent, is being wound up or has ceased to exist, the Corporation must pay the employee in respect of the employee’s untaken long service leave the amount that would have been payable by the employer under Part 5A had the employee taken the period of long service leave immediately before the relevant circumstance.
The payment is payable to the employee out of the Fund.
A payment by the Corporation under this section:
discharges the liability of the employer to make the payment; and
extinguishes the employee’s entitlement under Part 5A to the period of untaken long service leave.
In this section:
employer means:
in relation to an eligible employee—a current employer of the employee; and
in relation to a former eligible employee—an employer of the employee immediately before the employee ceased to be an eligible employee.
Part 3—Other amendments
Coal Mining Industry (Long Service Leave Funding) Act 1992
42 Title
Omit “provide for a new long service leave funding scheme”, substitute “make provision in relation to long service leave”.
43 Section 1
Omit “Coal Mining Industry (Long Service Leave Funding) Act 1992”, substitute “Coal Mining Industry (Long Service Leave) Administration Act 1992”.
This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).
44 Section 3
Omit “provide for a new long service leave funding scheme”, substitute “make provision in relation to long service leave”.
45 After paragraph 3(a)
Insert:
providing minimum entitlements and rights in respect of long service leave for eligible employees; and
46 Paragraph 3(b)
Omit “long service leave payments made to eligible employees”, substitute “payments made in respect of long service leave”.
47 Section 51
Omit “Subject to section 53, the”, substitute “The”.
48 Section 52
Omit “Subject to section 53, the”, substitute “The”.
49 Section 53
Repeal the section.
Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992
50 Subsection 8(2)
Omit “Funding Act”, substitute “Administration Act”.
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
51 Section 3
Insert:
Administration Act means the Coal Mining Industry (Long Service Leave) Administration Act 1992.
52 Section 3 (definition of Corporation)
Omit “Funding Act”, substitute “Administration Act”.
53 Section 3 (definition of eligible employee)
Omit “Funding Act”, substitute “Administration Act”.
54 Section 3 (definition of Fund)
Omit “Funding Act”, substitute “Administration Act”.
55 Section 3 (definition of Funding Act)
Repeal the definition.
Schedule 2—Constitution of the Board
Coal Mining Industry (Long Service Leave Funding) Act 1992
1 Subsection 4(1) (definition of employee‑representative Director)
Omit “, (5) or (6)”, substitute “or (5)”.
2 Subsection 4(1) (definition of employer‑representative Director)
After “subsection 13(2)”, insert “, (2A)”.
3 Subsection 13(2)
Repeal the subsection, substitute:
One Director is to be appointed to represent the companies engaged in black coal mining in New South Wales or Tasmania.
One Director is to be appointed to represent the companies engaged in black coal mining in Queensland.
4 Subsection 13(4)
Repeal the subsection, substitute:
Two Directors are to be appointed to represent the Mining and Energy Division of the Construction, Forestry, Mining and Energy Union.
5 Subsections 13(5) and (6)
Repeal the subsections, substitute:
One Director is to be appointed to represent the following organisations:
the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;
the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;
the Association of Professional Engineers, Scientists and Managers Australia;
the Colliery Officials Association of New South Wales;
the Mine Managers Association of Australia.
6 Subsection 13(7)
Omit “United Mine Workers Division of the Construction, Forestry and Mining Employees Union”, substitute “Mining and Energy Division of the Construction, Forestry, Mining and Energy Union”.
7 Subsection 13(8)
Omit “, (5) or (6)”, substitute “or (5)”.
8 Subsection 13(9)
Omit “(3), (4), (5) or (6)”, substitute “(2A), (3), (4) or (5)”.
9 Subsection 14(4)
Omit “2”, substitute “4”.
10 Paragraph 14(5)(b)
Omit “2”, substitute “4”.
11 Subsection 17(2)
Omit “section 22”, substitute “section 27J of the Commonwealth Authorities and Companies Act 1997”.
12 Paragraph 18(a)
Omit “directors” (wherever occurring), substitute “Directors”.
13 Section 23
Omit “2”, substitute “4”.
14 Application of amendments
The amendments made by items 3 to 5 and 13 of this Schedule apply in relation to the appointment or reappointment of a Director on or after 1 January 2012.
The amendments made by items 9 and 10 of this Schedule apply in relation to the appointment of the Chairperson or Deputy Chairperson on or after 1 January 2012.
Schedule 3—Levy and collection arrangements
Part 1—Amendments relating to levy
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
1 Section 3
Insert:
base rate of pay has the same meaning as in the Fair Work Act 2009.
2 Section 3 (definition of eligible wages)
Repeal the definition, substitute:
eligible wages has the meaning given by section 3B.
3 Section 3
Insert:
salary sacrifice arrangement means an arrangement under which an employee chooses to:
forgo a percentage or amount payable to the employee in relation to the performance of work; but
receive some other form of benefit or remuneration.
4 After section 3A
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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