Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend legislation relating to coal mining, and for related purposes
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Introduced HR 26 Aug 1999

Coal Mining Legislation Amendment (Oakdale Collieries) Bill 1999
First Reading

1998-99

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Coal Mining Legislation Amendment (Oakdale Collieries) Bill 1999

No. , 1999

(Employment, Workplace Relations and Small Business)

A Bill for an Act to amend legislation relating to coal mining, and for related purposes

ISBN: 0642 408009

Contents

Coal Mining Industry (Long Service Leave Funding) Act 1992 3

Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 4

A Bill for an Act to amend legislation relating to coal mining, and for related purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Coal Mining Legislation Amendment (Oakdale Collieries) Act 1999.

2 Commencement This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments

Coal Mining Industry (Long Service Leave Funding) Act 1992

1 Title

Omit "related", substitute "other".

2 Section 3

Before "object", insert "main".

3 After section 48

Insert:

48A Payments to former Oakdale employees (1) Each former Oakdale employee is entitled to be paid, out of the Fund, an amount equal to the employee's termination entitlement, reduced by:

(a) any amount that the employee has received from Oakdale in respect of the employee's termination entitlement; and

(b) any amount that the employee has received as a beneficiary of the Trust.

(2) Payment is not to be made to an employee unless the employee has entered into a written agreement with the Corporation:

(a) assigning to the Corporation the employee's rights to be paid any amount (by a person other than the Corporation) in respect of the employee's termination entitlement; and

(b) agreeing to pay to the Corporation:

(i) any amount that the employee later receives from Oakdale in respect of the employee's termination entitlement; and

(ii) any amount that the employee later receives as a beneficiary of the Trust.

(3) Regulations may be made requiring the Corporation to give information statements to employees in respect of payments under this section.

(4) In this section:

former Oakdale employee means a person whose employment by Oakdale was terminated on or after 25 May 1999.

Oakdale means Oakdale Collieries Pty Limited (ACN 066 839 585).

termination entitlement means the amount owing by Oakdale to the employee, immediately after the termination time, in respect of the employee's employment by Oakdale.

termination time means the time when the employee's employment by Oakdale was terminated.

Trust means the Oakdale Collieries Employee Entitlements Trust that was established by a deed of trust made on 9 July 1999.

Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992

4 Section 7

Repeal the section.