Document ID: chunk:federal_register_of_legislation:C2011A00142:clause:5_3
Version: federal_register_of_legislation:C2011A00142
Segment Type: clause
Provision Reference: sch 5 cl 3
Character Range: 74028–76095

3  Recognition of long service leave—former eligible employees
(1) This item applies if:
 (a) a person is not an eligible employee at any time in the calendar year beginning on 1 January 2012; and
 (b) the person has an entitlement, or may become entitled, to long service leave in respect of their service in the black coal mining industry before 1 January 2012.
(2) If the person wishes the Corporation to recognise service before 1 January 2012, the person must provide the Corporation with the following information, in writing:
 (a) the period or periods of the person's employment as an eligible employee between 1 January 2000 and 31 December 2011 (both dates inclusive);
 (b) the type of employment of the person (for example, whether full‑time, part‑time or casual);
 (c) the person's employer for each period of employment.
(3) The person must provide the information on or before 30 September 2012 (or such later date prescribed by the regulations).
(4) If a person provides the Corporation with information, as mentioned in subitem (2), the Corporation must:
 (a) verify the information; and
 (b) if the information is correct—calculate:
 (i) the period, or periods, of service completed by the person between 1 January 2000 and 31 December 2011 (both dates inclusive) as if the period, or periods, were a period, or periods, of qualifying service completed after 1 January 2012; and
 (ii) if the period of qualifying service is, or the periods of qualifying service add up to, at least 8 years—the person's entitlement (in hours) to long service leave under Part 5A of the new law in respect of that qualifying service; and
 (c) if the information is not correct—take steps to resolve:
 (i) what period, or periods, of service have been completed by the person between 1 January 2000 and 31 December 2011 (both dates inclusive); and
 (ii) what entitlement the person has (in hours) to long service leave under Part 5A of the new law in respect of that service;
  so that the calculation mentioned in paragraph (b) can be made in relation to the person.