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COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992 - SECT 4

Interpretation

  (1)   In this Act, unless the contrary intention appears:

"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit - taking institution) for the purposes of the Banking Act 1959 .

"base rate of pay" has the same meaning as in the Fair Work Act 2009 .

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

"Board" means the Board of Directors of the Corporation.

"Chairperson" means Chairperson of the Board.

"civil penalty provision" has the same meaning as in the Regulatory Powers Act.

"Corporation" means the corporation established by section   6.

"covers" , in relation to an industrial instrument that is a modern award, enterprise agreement or workplace determination, has the same meaning as in the Fair Work Act 2009 .

"Deputy Chairperson" means Deputy Chairperson of the Board.

"Director" means a member of the Board.

"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 Legislation Act 2003 .

"eligible wages" has the same meaning as in the Payroll Levy Collection Act.

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

"employee organisation" has the same meaning as in the Fair Work Act 2009 .

"employee-representative Director" means a Director referred to in subsection   13(4) or (5).

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

"Employer Reimbursement Rules" has the meaning given by section   45.

"employer-representative Director" means a Director referred to in subsection   13(2), (2A) or (3).

"enterprise agreement" has the same meaning as in the Fair Work Act 2009 .

"executive officer" of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part   in, the management of the body.

"fair work instrument" has the same meaning as in the Fair Work Act 2009 .

"Federal Court" means the Federal Court of Australia.

"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"Fund" means the Coal Mining Industry (Long Service Leave) Fund maintained by the Corporation under section   40.

"FWC" means the Fair Work Commission.

"industrial association" has the same meaning as in the Fair Work Act 2009 .

"industrial instrument" means:

  (a)   a fair work instrument; or

  (b)   a contract of employment.

"insolvent" has the same meaning as in the Corporations Act 2001 .

"LSL credit" has the meaning given by subsection   39AB(5).

"LSL dispute" has the meaning given by subsection   39D(1).

"modern award" has the same meaning as in the Fair Work Act 2009 .

"National Employment Standards" has the same meaning as in the Fair Work Act 2009 .

"ordinary hours of work" of an eligible employee means:

  (a)   if an industrial instrument that covers the employee specifies, or provides for the determination of, the ordinary hours of work of the employee--those hours; or

  (b)   otherwise--the hours agreed by the employee and his or her employer as the employee's ordinary hours of work;

regardless of the number of hours actually worked by the employee.

"payroll levy" means the levy imposed by the Payroll Levy Act and includes any amount of additional levy paid under section   7 of the Payroll Levy Collection Act.

"Payroll Levy Act" means the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 .

"Payroll Levy Collection Act" means the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 .

"previous Fund" means the Coal Mining Industry Long Service Leave Fund established under the States Grants (Coal Mining Industry Long Service Leave) Act 1949 .

"public holiday" has the same meaning as in the Fair Work Act 2009 .

"qualifying service" has the meaning given by section   39A.

"quarter" means a period of 3 months beginning on 1   July, 1   October, 1   January or 1   April.

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .

"salary sacrifice arrangement" has the same meaning as in the Payroll Levy Collection Act.

"waiver agreement" means an agreement made under section   39B and includes such an agreement as varied under section   39BA.

"workplace determination" has the same meaning as in the Fair Work Act 2009 .

  (2)   A regulation is not to be made prescribing a person for the purposes of paragraph   (d) of the definition of eligible employee in subsection   (1) unless the prescribing of that person for those purposes has been recommended to the Minister by the Board.


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