{"id":"nsw:sl-2026-0328","name":"Long Service Leave (Metalliferous Mining Industry) Regulation 2026","slug":"long-service-leave-metalliferous-mining-industry-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"328 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":506615,"registerId":"nsw-nsw:sl-2026-0328-current","compilationNumber":null,"startDate":"2026-07-08","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 2026](/view/html/inforce/current/sl-2026-0328).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation 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regulation repeals and replaces the [Long Service Leave (Metalliferous Mining Industry) Regulation 2021](/view/html/repealed/current/sl-2021-0292), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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 Act, section 3(2C), 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 the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth, regulation 2.13.","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 2021](/view/html/repealed/current/sl-2021-0292) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Long Service Leave (Metalliferous Mining Industry) Regulation 2021](/view/html/repealed/current/sl-2021-0292), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The excerpt supplied contains only metadata and site header information; it does not include the substantive regulatory provisions needed to determine whether this version changed the regulation’s scope compared with any earlier instrument or the Act’s original purpose. Based on the title alone, the regulation appears to remain within the expected scope (setting long service leave rules for the metalliferous mining industry). To assess whether the 2026 regulation expands or narrows scope (for example by extending coverage to contractors, altering accrual rates, or creating new employer levies), I need the full text (definitions, operative clauses, schedules and transitional provisions) to compare against prior versions."},"complexity_factors":["Provided excerpt contains no operative clauses—only metadata and headers (precludes definitive scoring based on text).","Likely cross‑references to at least one primary Act (Long Service Leave Act) and to Interpretation Act/Subordinate Legislation Act (observed in metadata).","Probable industry‑specific definitions and exceptions (common in sectoral long‑service regulations) increase interpretive complexity.","Likely multiple conditional rules (eg. continuous service, FIFO rosters, contractor/employee distinctions) and transitional provisions.","Expected schedules or tables (accrual formulas, historical preservation clauses) that add complexity and computation requirements."],"plain_english_summary":"**What this instrument is (based on the material provided)**\n\nThe excerpt you supplied contains only the public website header, metadata and status statements for the Long Service Leave (Metalliferous Mining Industry) Regulation 2026 — it does not include the operative clauses or schedules of the regulation itself. Because the substantive clauses are not present in the text you provided, I cannot quote or summarise particular sections. Below I therefore do two things: (1) state, in plain English, the mechanical role a regulation with this title usually plays; and (2) flag the concrete information missing and the specific provisions I would need to read to give a clause-by-clause analysis.\n\n**Mechanically, what a regulation with this title does (typical content and how it operates)**\n\n- The regulation gives detailed, industry‑specific rules that implement long service leave entitlements for employees working in the metalliferous (metal mining) sector in the relevant jurisdiction. It operates under and alongside the primary long service leave Act that sets out general entitlements.\n\n- Typical provisions it will contain: eligibility rules (who counts as an employee for the industry scheme), qualifying periods of service, accrual rates (how much long service leave an employee earns per year), how continuous service is calculated (including breaks, absences, and transfer of service between employers), rules for taking leave and for payment on termination (including pro rata entitlement), record‑keeping and employer reporting obligations, and enforcement/penalty provisions for non‑compliance.\n\n- The regulation may also define special rules for particular employment arrangements common in mining (eg. fly‑in fly‑out rosters, piecework or casual arrangements, contractor vs employee distinctions), transitional arrangements from previous instruments, and dispute‑resolution pathways (tribunal referral or particular procedural steps).\n\n**Who it affects**\n\n- Employers operating in the metalliferous mining industry in the legislative jurisdiction (they bear the cost of leave accrual, administration and record‑keeping).\n- Employees engaged in metalliferous mining work who are or may become eligible for long service leave under the industry scheme.\n- Labour hire firms, contractors and subcontractors whose staff may be covered or excluded by the regulation (depending on how “employee” and “employment” are defined).\n- Payroll and HR professionals responsible for calculating entitlements and maintaining compliance.\n\n**Why it matters (mechanical effects and incentives)**\n\n- It defines an enforceable cost of employment (long service leave liabilities) for employers in the metalliferous mining sector and sets administrative burdens (records, calculations, notices).\n- Firms will decide whether to alter rostering, contracting arrangements, recruitment/retention strategies or pricing to accommodate the cost and compliance obligations imposed by the regulation.\n- Employees gain a statutory framework for long service leave that may differ in qualification, accrual or portability compared with the general long service leave law.\n\n**Implementation, compliance and risk trade‑offs (what to watch for in the text)**\n\n- Cross‑references to the primary long service leave Act: the regulation will rely on definitions and enforcement mechanisms in the Act, so interpretation often requires reading both instruments together.\n- Administrative complexity: industry‑specific definitions (eg. what counts as continuous service for FIFO rosters) can create significant payroll and HR compliance workload.\n- Cost concentration: the compliance and financial burden is concentrated on employers in the metalliferous sector; the benefit (entitlement) is concentrated among long‑serving employees, while costs may be passed on to consumers or capital investment decisions.\n- Dispute and enforcement risk: if the regulation contains many exceptions or ambiguous definitions, this raises tribunal/commission workload and legal uncertainty.\n\n**Missing from the provided excerpt (what I need to give a definitive analysis)**\n\n- The operative clauses, definitions (the regulation’s interpretation section), schedules and any transitional or savings clauses.\n- Any industry‑specific accrual rates, formulas for calculating payment, and special provisions for contractors or labour hire.\n- Any prescribed forms, notification requirements, or prescribed dispute procedures.\n\nIf you want a clause‑by‑clause plain‑English summary and a compliance checklist, please paste the regulation’s full text (the Parts, clauses and schedules)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026","history":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026/history","analysis":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026/analysis","conflicts":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026/conflicts","importantCases":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026/important-cases","documents":"/api/acts/long-service-leave-metalliferous-mining-industry-regulation-2026/documents"}}