Commonwealth Consolidated Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992 - SECT 39AA

  (1)   The number of hours of long service leave that an eligible employee is entitled to for a week of qualifying service completed by the employee is worked out using the formula in subsection   (2).

  (2)   The formula is:

where:

"working hours" means:

  (a)   if the employee is a full - time employee at all times during the week--35 hours; or

  (b)   if the employee is a part - time employee at any time during the week--the lesser of the following amounts (or either of them if they are equal):

  (i)   the total number of ordinary hours of work of the employee as a part - time employee for the week;

  (ii)   35 hours; or

  (c)   if the employee is a casual employee at any time during the week and paragraph   (b) does not apply--the lesser of the following amounts (or either of them if they are equal):

  (i)   the number of hours for the week worked out under whichever of subsections   (3) and (4) is applicable;

  (ii)   35 hours.

Employee is a casual employee for all weeks beginning in a quarter

  (3)   If all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those weeks for the purposes of subparagraph   (c)(i) of the definition of working hours in subsection   (2) is the result of dividing:

  (a)   the total number of hours worked by the employee as a casual employee for all of those weeks; by

  (b)   the number of weeks beginning in the quarter.

Employee is a casual employee for some but not all weeks beginning in a quarter

  (4)   If some but not all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those applicable weeks for the purposes of subparagraph   (c)(i) of the definition of working hours in subsection   (2) is the result of dividing:

  (a)   the total number of hours worked by the employee as a casual employee for all of those applicable weeks; by

  (b)   the number of applicable weeks beginning in the quarter.

What is an applicable week?

  (5)   A week beginning in a quarter is an applicable week for an employee if:

  (a)   the employee is a casual employee at any time during the week; and

  (b)   paragraph   (b) of the definition of working hours in subsection   (2) did not apply to the employee for the week.

Note:   Subsections   39A(3A) and (3B) deal with the circumstances in which a casual employee is taken to have been an eligible employee for the whole of a week.