Commonwealth Consolidated Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992 - SECT 39CC

  (1)   This section applies if:

  (a)   an eligible employee dies; and

  (b)   at the time of the employee's death, either of the following apply:

  (i)   the employee has a period of untaken long service leave under this Part;

  (ii)   the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and

  (c)   at any time after the employee's death, the employee's legal personal representative requests the employer, in writing, to make a payment under this section.

  (2)   The employer must, within 30 days after the request is made, pay the employee's legal personal representative no less than:

  (a)   if subparagraph   (1)(b)(i) applies--the amount that would have been payable to the employee under this Part   had the employee taken all the untaken long service leave immediately before the employee died; and

  (b)   if subparagraph   (1)(b)(ii) applies--the amount that would have been payable to the employee under this Part   had the employee:

  (i)   been entitled to long service leave for the period, or periods, of qualifying service; and

  (ii)   taken all that long service leave immediately before the employee died.

Civil penalty:   60 penalty units.

Note:   Division   4 of this Part provides other remedies for contraventions of civil penalty provisions.