NEW regulations have been published extending by 12 months the timeframes for administrative obligations in relation to long service leave in the black coal mining industry.
The Coal Mining Industry (Long Service Leave) Legislation Amendment Regulation 2013 (No 1) took effect on 29 June 2013 and is made under the Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011.
The Amendment Act took effect on 1 January 2012, legislating entitlements under the portable long service leave scheme in the black coal mining industry which had previously been covered by awards or other industrial instruments.
Schedule 5 of that Act provided that certain periods of service undertaken by eligible employees and former eligible employees between 1 January 2000 and 31 December 2011 could be counted towards their long service leave accrual.
Schedule 5 provided timelines and dates by which certain administrative obligations were to be met but those dates are able to be changed by regulation.
The recently published Regulation extends two key dates.
The first is the date on which the Coal Mining Industry (Long Service Leave Funding) Corporation is required to notify former eligible employees about records that the Corporation has in relation to their long service leave entitlements. This date was originally set down for 30 June 2013 but has been extended by 12 months to 30 June 2014. T
The Corporation had received an unexpectedly high number of applications from former eligible employees under the Act, many of which lacked sufficient information for their applications to be assessed. As a result, the Corporation was unable to meet the 30 June 2013 deadline.
Given the extension of that deadline, the date by which the Corporation was required to seek actuarial advice about the sufficiency of the Coal Mining Industry (Long Service Leave) Fund also had to be extended. This was originally set down for 30 September 2013 but is now extended to 30 September 2014.
A link to the Regulation and Explanatory Statement can be found here.