Commonwealth Consolidated Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) AMENDMENT ACT 2009 - SCHEDULE 1

1   Subsection 4(1)

Insert:

"black coal mining industry" has the same meaning as in the Black Coal Mining Industry Award 2010 as in force on 1   January 2010.

2   Subsection 4(1) (definition of eligible employee )

Repeal the definition , substitute:

"eligible employee" means:

  (a)   an employee who is employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine; or

  (b)   an employee who is employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine; or

  (c)   an employee permanently employed with a mine rescue service for the purposes of the black coal mining industry ; or

  (d)   a prescribed person who is employed in the black coal mining industry;

but does not include a person declared by the regulations not to be an eligible employee for the purposes of this Act.

Note:   For prescription or declaration by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

3   Subsection 4(1)

Insert:

"employee" means a national system employee as defined in section   13 of the Fair Work Act 2009 .

4   Subsection 4(1)

Insert:

"employer" means a national system employe r as defined in section   14 of the Fair Work Act 2009 .

5   Subsection 4(2)

Omit " or class of persons" (wherever occurring).

6   Subsection 44(3)

Repeal the subsection, substitute:

  (3)   A reference in this section to an employee ' s entitlement to long service leave, or to an employee's entitlement to be paid for, or to take, long service leave , is a reference to the employee ' s entitlement under any of the following:

  (a)   section   113 of the Fair Work Act 2009 ;

  (b)   a relevant industrial instrument;

  (c)   a contract of employment.

Note:   Schedule   2 to the Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009 extends the operation of section   113 of the Fair Work Act 2009 .

7   Application of amendments

The amendments made by this Schedule apply in relation to industry and employment occurring on or after the commencement of this Schedule.

Notes to the Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009

Note 1

The Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009 as shown in this compilation comprises Act No.   127 , 2009 amended as indicated in the Tables below.

Table of Acts

Table of Amendments