Long Service Leave (Metalliferous Mining Industry) Regulation 2021 (2021-292) (NSW)

Long Service Leave (Metalliferous Mining Industry) Regulation 2021

1 Name of Regulation This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2021.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3 Definition In this Regulation— the Act means the Long Service Leave (Metalliferous Mining Industry) Act 1963.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Calculating ordinary pay for payment of leave—bonuses For the purposes of section 3(2C) of the Act, the prescribed annual amount of a worker's ordinary pay is the greater of the following— (a) $144,000, (b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the Fair Work Regulations 2009 of the Commonwealth.

Note— Section 3(2C) of the Act provides that, for the purpose of paying long service leave, bonuses do not form part of a worker's ordinary pay if the worker's annual ordinary pay exceeds the amount prescribed by the regulations. This clause prescribes that amount.

5 Repeal and savings (1) The Long Service Leave (Metalliferous Mining Industry) Regulation 2016 is repealed. (2) Any act, matter or thing that, immediately before the repeal of the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.