Long Service Leave (Metalliferous Mining Industry) Regulation 2021 (NSW)

1Name of Regulation

This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2021.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

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.

4Calculating 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, from time to time, in accordance with Chapter 2, regulation 2.13 of the Fair Work Regulations 2009 of the Commonwealth.

Note—

Section 3(2C) of the Act provides that, for the purpose of paying long service leave, bonuses do not form part of a worker’s ordinary pay if the worker’s annual ordinary pay exceeds the amount prescribed by the regulations. This clause prescribes that amount.

cl 4: Am 2022 No 59, Sch 2.28.

5Repeal and savings(1)

The Long Service Leave (Metalliferous Mining Industry) Regulation 2016 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Long Service Leave (Metalliferous Mining Industry) Regulation 2021 (292). LW 18.06.2021. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2022 No 59 Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.

Table of amendments

Cl 4 Am 2022 No 59, Sch 2.28.