1
Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2021.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales regulation
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to decide whether bonuses count towards leave pay, and keeps existing entitlements in force when the old regulation is repealed.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Long Service Leave (Metalliferous Mining Industry) Regulation 2021.
1 Name of Regulation
This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2021.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this Regulation—
the Act means the Long Service Leave (Metalliferous Mining Industry) Act 1963.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Calculating ordinary pay for payment of leave—bonuses
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—
(a) $144,000,
(b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the Fair Work Regulations 2009 of the Commonwealth.
Note—
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.
cl 4: Am 2022 No 59, Sch 2.28.
5 Repeal and savings
(1) The Long Service Leave (Metalliferous Mining Industry) Regulation 2016 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
This Regulation is the Long Service Leave (Metalliferous Mining Industry) Regulation 2021.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this Regulation—
the Act means the Long Service Leave (Metalliferous Mining Industry) Act 1963.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Calculating ordinary pay for payment of leave—bonuses
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—
(a) $144,000,
(b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the Fair Work Regulations 2009 of the Commonwealth.
Note—
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.
cl 4: Am 2022 No 59, Sch 2.28.
5 Repeal and savings
(1) The Long Service Leave (Metalliferous Mining Industry) Regulation 2016 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Long Service Leave (Metalliferous Mining Industry) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.