Long Service Leave (Metalliferous Mining Industry) Regulation 2016 (NSW)

Long Service Leave (Metalliferous Mining Industry) Regulation 2016

[2016-546]

Status information

Currency of version
Current version for 26 August 2016 to date (accessed 2 January 2019 at 09:24)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2021

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 September 2016.

Long Service Leave (Metalliferous Mining Industry) Regulation 2016

[2016-546]

Contents

Long Service Leave (Metalliferous Mining Industry) Regulation 2016

1   Name of Regulation

This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2016.

2   Commencement

This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note.

 This Regulation replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2011, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation, the Act means the Long Service Leave (Metalliferous Mining Industry) Act 1963.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Calculation of ordinary pay for payment of leave: bonuses

For the purposes of section 3 (2C) of the Act, the prescribed annual amount of a worker’s ordinary pay is the greater of the following:

(a)  $144,000,

(b) the amount calculated in accordance with regulation 2.13 of Chapter 2 of the Fair Work Regulations 2009 of the Commonwealth from time to time.

Note.

 The Act provides that bonuses paid to workers are to form part of the ordinary pay of a worker for the purposes of payment for long service leave. Section 3 (2C) of the Act provides that bonuses received by a worker are not to be taken into account if the ordinary annual pay of the worker (excluding bonuses) exceeds the amount prescribed by the regulations. This clause prescribes that amount.

5   Savings

Any act, matter or thing that, immediately before the repeal of the Long Service Leave (Metalliferous Mining Industry) Regulation 2011, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Long Service Leave (Metalliferous Mining Industry) Regulation 2016 (546). LW 26.8.2016. Date of commencement, 1.9.2016, cl 2.