Long Service Leave (Metalliferous Mining Industry) Act 1963 (NSW)

Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48

An Act to make further provisions with respect to the entitlement to long service leave of workers in the metalliferous mining industry; to amend the Long Service Leave Act 1955 and the Industrial Arbitration Act 1940; and for purposes connected therewith.

1 Name of Act and commencement (1) This Act may be cited as the Long Service Leave (Metalliferous Mining Industry) Act 1963. (2) (Repealed) (3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. (4) (Repealed)

2 Construction This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that, where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected.

3 Definitions (1) In this Act, unless the context or subject-matter otherwise indicates or requires— Agreement means an enterprise agreement within the meaning of the Industrial Relations Act 1996. Award means an award within the meaning of the Industrial Relations Act 1996. Employer means any person employing any worker or workers and includes the Crown. Inspector means an inspector appointed under the Industrial Relations Act 1996. Metalliferous mine means any place, open cut, shaft, tunnel, drive, level or other excavation, drift, gutter, lead, vein, lode or reef wherein or whereby any operation is carried on for or in connection with the purpose of obtaining any mineral substance by any mode or method, and any place adjoining thereto on which any product of the metalliferous mine, as hereinbefore defined, is stacked, stored, crushed or otherwise treated and includes— (a) any quarry, (b) any place where two or more men are employed in connection with prospecting operations for the purposes of the discovery or exploration of or for any mineral substance whether by drilling, boring or any other method, and (c) so much of the surface of any place and the buildings, workshops, changehouses, structures and works thereon surrounding or adjacent to the shaft, outlets or site of a metalliferous mine, as hereinbefore defined, as are occupied, together with the mine, for the purposes of or in connection with the working of the mine, or the removal from the mine of refuse, or the health, safety or welfare of persons employed in, at or about the mine. Mineral substance means any substance specified in the Schedule. Ordinary pay, in relation to any worker, means the sum of— (a) where the worker is, on the prescribed date, remunerated wholly in relation to an ordinary time rate of pay fixed by the terms of the worker's employment— (i) the amount of the ordinary remuneration of the worker, as on the prescribed date, or (ii) the average weekly amount of the ordinary remuneration which was earned by the worker as a worker during that part of the period of 5 years ending on the prescribed date during which the worker was so remunerated, whichever is the greater, (b) where the worker is, on the prescribed date, remunerated otherwise than wholly in relation to an ordinary time rate of pay so fixed—the amount of the average weekly wage which was earned by the worker as a worker (being the average of the amounts received by the worker each week under those terms after excluding any amount payable to the worker in respect of shift work, overtime or other penalty rates) during the period actually worked by the worker during— (i) the period of 12 months, or (ii) the period of 5 years, ending on the prescribed date, whichever amount of average weekly wage is the greater, (c) the average weekly amount of bonuses received by the worker as a worker employed by the person who is the worker's employer on the prescribed date during— (i) where paragraph (a) (i) or (b) (i) applies for the purpose of calculating the worker's ordinary pay, the period of 12 months, or (ii) where paragraph (a) (ii) or (b) (ii) applies for that purpose, the period of 5 years, ending on the prescribed date, and (d) where the worker was, immediately before the prescribed date, provided with board or lodging by the person who is the worker's employer on the prescribed date—the cash value of that board or lodging. Quarry means any place, open cut or excavation wherein or whereby any operation is carried on above ground for or in connection with the purpose of obtaining any mineral substance and any place adjoining thereto on which any product of the quarry, as hereinbefore defined, is stacked, stored, crushed or otherwise treated. Worker means a person employed in, at or about a metalliferous mine, whether on salary or wages or piecework rates, or as a member of a butty-gang; and the fact that a person is working under a contract for labour only, or substantially for labour only, or as a lessee of any tools or other implements of production, shall not in itself prevent such person being held to be a worker.