Commonwealth Consolidated Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992

TABLE OF PROVISIONS

           Long Title

   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

   35.     Transfer of previous Fund to Corporation  
   36.     Payments to Corporation  
   37.     Borrowing  
   38.     Corporation may give security  
   39.     Application of the Public Governance, Performance and Accountability Act 2013  

   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 Review 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