Example 16

HON Contracting Pty Ltd (HON) is contracted to provide and perform diagnostic work on the black coal mine site vehicles. The diagnostic work is used to plan the maintenance process.

The contract has an ongoing duration.

The contract covers mine site vehicles on a number of black coal mine sites and HON employees are engaged in this work on a full-time basis on these coal mines. The employees will only periodically visit HON’s office located off site to pick up equipment or to update software.

The company provides its own supervision subject to the terms of the contract.

Conclusion:

Employees are eligible employees under the definition in subsection (b) because:

• The employees are employed in the black coal mining industry
• The diagnostic work is a 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.

Example 17

DEF Pty Ltd (DEF) is engaged in the business of manufacturing, transporting and servicing heavy earthmoving and mine haulage equipment that is used in open cut mines. DEF Pty Ltd has a contract with a black coal mine operator.

DEF employees perform remote diagnostics that is conducted out of its regional headquarters located some distance from the coal mine. DEF’s employees engaged in providing this service are predominantly based in the regional headquarters, with intermittent site visits.

Conclusion:

Employees are not eligible employees under the definition in subsection (b) because the work is predominantly performed off the mine (i.e. not at or about a place where black coal is mined).