Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Long Service Leave (Metalliferous Mining Industry) Act 1963.
JOHN DELLA BOSCA, M.L.C.,Minister for Industrial Relations
1 Name of Regulation
This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2005.
2 Commencement
This Regulation commences on 1 September 2005.Note—This Regulation replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2000 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation:the Act means the Long Service Leave (Metalliferous Mining Industry) Act 1963.(2) Notes included in this Regulation do not form part of this Regulation.
4 Calculation of 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 $144,000.Note—The Long Service Leave (Metalliferous Mining Industry) Act 1963 provides that bonuses paid to workers are to form part of the ordinary pay of a worker for the purposes of payment for long service leave. Section 3 (2C) of that Act provides that bonuses received by a worker are not to be taken into account if the ordinary annual pay of the worker (excluding bonuses) exceeds the amount prescribed by the regulations. This clause prescribes that amount.
5 Saving
The Long Service Leave (Metalliferous Mining Industry) Regulation 2000, as in force immediately before its repeal, continues to have effect in respect of any entitlement to long service leave that arose before the repeal of the regulation.