Document ID: chunk:federal_register_of_legislation:C2011A00142:clause:1_39ca
Version: federal_register_of_legislation:C2011A00142
Segment Type: clause
Provision Reference: sch 1 cl 39CA
Character Range: 24044–25332

39CA  Payment on cessation—ill health and retirement
 (1) This section applies if:
 (a) an employee ceases to be an eligible employee:
 (i) because of ill health; or
 (ii) because he or she retires from the black coal mining industry on or after reaching the age of 60 years; and
 (b) at the time of so ceasing, the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and
 (c) at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section.
 (2) The employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee:
 (a) been entitled to long service leave for the period, or periods, of qualifying service; and
 (b) taken that long service leave immediately before ceasing to be an eligible employee;
less any amount previously paid to the employee under this section.
 (3) Subsection (2) is a civil penalty provision.
Note 1: Part 7A provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.