COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Interpretation
- 5 Act to bind Crown
PART 2--ESTABLISHMENT--, FUNCTIONS AND POWERS OF CORPORATION
- 6 Establishment of Corporation
- 7 Functions of Corporation
- 8 Powers of Corporation
PART 3--BOARD--OF DIRECTORS OF THE CORPORATION
Division 1--Constitution of the Board
- 9 The Board
- 10 Board to manage affairs of Corporation
- 11 Guidelines for managing affairs of Corporation
- 12 Constitution of the Board
- 13 Appointment of Directors
- 14 Appointment of Chairperson and Deputy Chairperson
Division 2--Meetings of the Board
- 15 Convening of meetings
- 16 Presiding at meetings
- 17 Quorum
- 18 Voting at meetings
- 19 Conduct of meetings
- 20 Resolutions without meetings
- 21 Records relating to meetings
Division 3--Provisions relating to Directors
- 23 Term of appointment
- 24 Remuneration and allowances
- 25 Leave of absence
- 26 Resignation
- 27 Outside employment
- 28 Termination of appointment
- 29 Terms and conditions of appointment not provided for by Act
- 31 Acting Chairperson and acting Deputy Chairperson
- 32 Acting Director
PART 4--STAFF--OF THE CORPORATION
- 33 Employees
- 34 Consultants
PART 5--FINANCE
PART 5A--ENTITLEMENT--TO LONG SERVICE LEAVE
Division 1--Entitlement, amount and grant etc.
- 39A Entitlement to long service leave
- 39AA Amount of long service leave
- 39AB Grant of long service leave
- 39AC Payment for long service leave
- 39AD Manner of payment for long service leave
- 39AE Public holidays etc. not to count as long service leave
Division 2--Waiver agreements
- 39B Waiver agreements may be made with certain employees
- 39BA Variation of waiver agreements
- 39BB Termination of waiver agreements
- 39BC Approval of waiver agreements and variations by the Corporation
- 39BD Effect of waiver agreements on payroll levy
- 39BE Employer must comply with waiver agreement
Division 3--Payments on cessation of employment as an eligible employee
- 39C Payment on cessation--general
- 39CA Payment on cessation--ill health and retirement
- 39CB Payment on cessation--redundancy
- 39CC Payment on death
- 39CD Effect of payment in respect of untaken long service leave
- 39CE Effect of payment in respect of qualifying service
Division 4--Remedies relating to long service leave
Subdivision A--The Fair Work Commission
- 39D FWC may deal with disputes relating to long service leave
Subdivision B--Court orders
- 39DA Employees etc. may apply to court in respect of certain contraventions
- 39DB Orders that can be made by the court
Division 5--Relationship with other laws and industrial instruments
- 39E Relationship with the National Employment Standards
- 39EA Relationship with State and Territory long service leave laws
- 39EB Relationship with industrial instruments
Division 6--Miscellaneous
- 39F Entitlements and rights in respect of long service leave subject to alteration, cancellation etc.
PART 6--THE--COAL MINING INDUSTRY (LONG SERVICE LEAVE) FUND
- 40 Establishment of the Fund
- 41 Application of the Fund
- 42 Investment of the Fund
- 43 Sufficiency of the Fund
PART 7--PAYMENTS--OUT OF THE FUND
- 44 Reimbursement for payments relating to long service leave
- 45 Employer Reimbursement Rules
- 47 Reimbursement of overpayment of payroll levy
- 48 Payments to employees if employer insolvent etc.
- 49 Board may determine claims for payment
PART 7A--CIVIL--PENALTIES
- 49A Civil penalty provisions
- 49CE Civil penalty provisions contravened by executive officers
- 49CF Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
PART 8--MISCELLANEOUS
- 50 Delegation
- 51 Expenses of Corporation
- 52 Remuneration and allowances of Directors
- 52A Power to require persons to produce information or documents
- 52B Review by the Administrative Appeals Tribunal
- 52C Conferral of jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)
- 52D Powers of courts
- 54 Regulations
- 55 Review of Act
