Leave accrual and entitlement
Leave accrual and entitlement

Waiver agreements

Section: About waiver agreements

About waiver agreements

Some employees and their employers can make waiver agreements depending on the nature and duration of their role in the black coal mining industry.

Instead of accruing leave, the employee can be paid or salary sacrifice into superannuation the amount of levy which the employer would otherwise pay for them.

Section: Who can make an agreement?

Who can make an agreement?

Employees who can make waiver agreements include an eligible employee:

  • Who is aged at least 55 and has no qualifying service
  • Who is aged at least 55 and has at least 8 years’ qualifying service
  • Who is a manager of a corporation that employs eligible employees in the black coal mining industry
  • Who is a senior professional employee engaged in the management of a corporation that employs eligible employees in the black coal mining industry
  • Whose annual salary (including allowances) is at least the minimum specified in the current version of the Coal Mining Industry (Long Service Leave) Administration Act 1992
  • Who is employed under an undergraduate placement or a work training placement
  • Waiver agreements must first be approved by Coal LSL.
Section: Resources

Waiver agreement resources

Legislation relating to waiver agreements is under 39B of the Admin Act and Section 7 of the Admin Regulation act. Go to list of legislation.

The following resources are provided to assist with the process:

Section: Questions

Questions about waiver agreements

If you have any questions about this information, please email our Client Engagement team or call 1300 852 625 between 8.30am and 5.00pm Monday to Friday (AEST).