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):
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.
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: