Commonwealth Numbered Regulations

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WORKPLACE RELATIONS AMENDMENT (WORK CHOICES) (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2006 (NO. 1) (SLI NO 50 OF 2006) - SCHEDULE 4

Amendments of Coal Mining Industry (Long Service Leave Funding) Act 1992

(regulation 3)

   

[1]           Subsection 4(1), before definition of bank

insert

"Australian Fair Pay and Conditions Standard" has the meaning given by the Workplace Relations Act 1996 .

[2]           Subsection 4(1), definition of eligible employee , paragraph (a)

after

relevant industrial instrument

insert

, or the Australian Fair Pay and Conditions Standard,

[3]           Subsection 4(1), definition of industrial authority

after

the Australian Industrial Relations Commission,

insert

the Employment Advocate,

[4]           Subsection 4(1), definition of relevant industrial instrument

substitute

relevant industrial instrument means:

                (a)    an award made by, or registered with, an industrial authority, including, without limiting this paragraph:

                          (i)    an award or transitional award within the meaning of the Workplace Relations Act 1996 ; and

                         (ii)    a variation or order affecting an award or transitional award of that kind; or

               (b)    a determination made by, or registered with, an industrial authority; or

                (c)    an order given by, or registered with, an industrial authority; or

               (d)    an agreement approved by, or registered with, an industrial authority, including, without limiting this paragraph:

                          (i)    a workplace agreement within the meaning given by the Workplace Relations Act 1996 ; and

                         (ii)    a pre‑reform certified agreement within the meaning given by that Act; and

                         (iii)    a pre‑reform AWA within the meaning given by that Act ; or

                (e)    a preserved State agreement within the meaning given by the Workplace Relations Act 1996 ; or

                (f)    a notional agreement preserving State awards within the meaning given by the Workplace Relations Act 1996 ;

that confers on employees in the black coal mining industry to whom the award, determination, order or agreement applies an entitlement to long service leave in circumstances set out in the award, determination, order or agreement, being an entitlement that continues to exist and accrue so long as the employees continue to be employed by any employer in that industry.


 



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