Example 20

KOS Pty Ltd (KOS) is contracted by a black coal mine operator to provide cleaning services at a mine site. KOS supplies two cleaning services (working on different rosters):

1. Cleaners that attend to the site office and amenities. These cleaners work a part-time work roster of 4 hours a day and are solely supervised by KOS.
2. Industrial cleaners whose duties primarily involve using high pressure hoses to clean plant and equipment. This work is performed on a regular basis, either in the pit itself or in the workshop located on the mine site. These employees work a full-time roster of 10 hours per day.

While KOS provides supervision of the industrial cleaners by allocating work, the mine company supervisors are able to change the allocation of work and instruct employees in the operational and other requirements of the mine on a daily basis.

Conclusion:

Group 1 - Employees are not eligible employees under the definition in subsection (b) because work is not required for the continuing operation of the mine (i.e. not directly connected to the day to day operation of a black coal mine).

Group 2 (‘industrial’) - Employees are eligible employees under the definition in subsection (b) because:

• The employees are employed in the black coal mining industry
• The cleaning of equipment is part of the routine maintenance or servicing of plant or equipment is (i.e. directly connected to the day to day operation of a black coal mine)
• Duties are completed at or about a place where black coal is mined.