{"id":"nsw:sl-2021-0292","name":"Long Service Leave (Metalliferous Mining Industry) Regulation 2021","slug":"long-service-leave-metalliferous-mining-industry-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"292 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176200,"registerId":"nsw-nsw:sl-2021-0292-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Long Service Leave (Metalliferous Mining Industry) Regulation 2021](/view/html/inforce/current/sl-2021-0292).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Long Service Leave (Metalliferous Mining Industry) Regulation 2016](/view/html/repealed/current/sl-2016-0546), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Long Service Leave (Metalliferous Mining Industry) Act 1963](/view/html/inforce/current/act-1963-048).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Calculating ordinary pay for payment of leave—bonuses","content":"#### 4 Calculating ordinary pay for payment of leave—bonuses\n\n4 Calculating ordinary pay for payment of leave—bonuses\n\n> For the purposes of section 3(2C) of the Act, the prescribed annual amount of a worker’s ordinary pay is the greater of the following—\n> \n> > (a) $144,000,\n> \n> > (b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Note—\n> \n> Section 3(2C) of the Act provides that, for the purpose of paying long service leave, bonuses do not form part of a worker’s ordinary pay if the worker’s annual ordinary pay exceeds the amount prescribed by the regulations. This clause prescribes that amount.\n> \n> **cl 4:** Am 2022 No 59, Sch 2.28.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Long Service Leave (Metalliferous Mining Industry) Regulation 2016](/view/html/repealed/current/sl-2016-0546) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Long Service Leave (Metalliferous Mining Industry) Regulation 2016](/view/html/repealed/current/sl-2016-0546), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the same narrow scope as its 2016 predecessor. It continues to perform the single function of setting the prescribed amount for bonus exclusion calculations under the Long Service Leave (Metalliferous Mining Industry) Act 1963. The 2021 version is a straightforward re-enactment with updated dollar figures and references, not an expansion of regulatory scope."},"complexity_factors":["Only 5 clauses total, with minimal substantive content","Single defined term ('the Act') in interpretation section","Only one operative provision (clause 4) containing actual regulatory substance","No nested exceptions or complex conditional logic — just a simple 'greater of' calculation","Heavy reliance on external legislation (Fair Work Regulations 2009) for the actual indexed amount","Standard boilerplate commencement, repeal and savings provisions"],"plain_english_summary":"**What this legislation does:**\n\nThis is a NSW regulation that sets the rules for calculating long service leave pay for workers in the metalliferous mining industry (that's mining for metals like gold, copper, iron ore — not coal). Specifically, it deals with how **bonuses** are treated when working out what a mineworker gets paid during their long service leave.\n\n**The key rule:**\n\nNormally, bonuses count towards your \"ordinary pay\" when calculating long service leave entitlements. But there's a cap. If a worker earns more than a certain amount per year, their bonuses get excluded from the calculation. This regulation sets that cap at **the greater of:**\n- **$144,000 per year**, OR\n- The amount set by the Commonwealth's Fair Work Regulations (which gets updated over time)\n\n**Who it affects:**\n- Mineworkers in NSW's metalliferous mining industry\n- Their employers\n- The industry body that administers long service leave schemes\n\n**Why it matters:**\nHigh-earning mineworkers (common in the mining sector) need to know whether their bonuses will be included in their long service leave pay. This regulation protects higher earners by ensuring the cap keeps pace with both a fixed dollar amount and federal workplace standards.\n\n**In short:** It's a technical update that ensures the bonus cap for long service leave calculations stays current with inflation and federal benchmarks."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Regulation repeals and replaces the 2016 regulation (cl 5(1)) while preserving existing acts and entitlements (cl 5(2)). It introduces a specified calculation rule for ordinary pay used in long service leave (cl 4): the prescribed annual amount is the greater of $144,000 or the amount calculated under the Fair Work Regulations. Mechanically, this updates the monetary threshold that determines whether bonuses are excluded from ordinary pay and therefore may change which workers’ bonuses count for leave purposes (cl 4). Commencement occurs on publication (cl 2)."},"complexity_factors":["Few, short provisions (Name, Commencement, Definition, Calculation rule, Repeal/savings) — limited text and structure (cls 1–5).","Numeric threshold rule that is partly fixed ($144,000) and partly dynamic (linked to the Commonwealth Fair Work Regulations), requiring cross‑jurisdictional reference for accurate calculation (cl 4).","Dependence on the principal Act and Interpretation Act for operative definitions and interaction (cl 3, note).","Repeal and savings mechanism preserves prior legal effects while changing the instrument, so administrators must map old to new rules to confirm continuity (cl 5(2)).","Low administrative discretion but potential compliance work for employers to determine which amount is greater and to apply the bonus‑exclusion rule in payroll systems (cl 4)."],"plain_english_summary":"This Regulation sets how long‑service leave is calculated for workers in the metalliferous mining industry in NSW, replaces the 2016 regulation, and prescribes when bonuses are excluded from ordinary pay. It affects miners and their employers by fixing a monetary threshold (the greater of $144,000 or an amount tied to the Fair Work Regulations) used to decide whether bonuses count towards leave pay, and keeps existing entitlements in force when the old regulation is repealed."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to remain focused on its original purpose: governing long service leave entitlements for workers in the metalliferous mining industry in NSW. A minor update was made in January 2023 (reflected in the version history), but there is no indication that the core scope or intent of the regulation was altered from when it was first made in June 2021."},"complexity_factors":["Industry-specific application requires understanding of what 'metalliferous mining' covers and which workers fall within scope","Interaction with the parent Act (Long Service Leave Act) and the Subordinate Legislation Act 1989 means this regulation cannot be read in isolation","Automatic repeal mechanism on 1 September 2026 adds a temporal complexity — rights and obligations may change or lapse","Limited substantive content is visible in the provided text, meaning the actual operative provisions (the detailed rules) are not displayed here, making full assessment difficult"],"plain_english_summary":"This NSW regulation defines how long service leave works for workers and employers in the metalliferous mining industry — setting calculation, timing and payment rules tailored to metal-ore mining rather than general provisions.  \n\nIt matters because mining work patterns differ from other sectors, and the regulation is due to be automatically repealed on 1 September 2026 unless renewed or replaced."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021","history":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021/history","analysis":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021/analysis","conflicts":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021/conflicts","importantCases":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021/important-cases","documents":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2021/documents"}}