ZBY Services Pty Ltd (ZBY) is a company providing security and emergency response services to a broad range of industries, including the black coal mining industry.
ZBY is contracted to provide both security and emergency response personnel to a black coal mine site. In both cases, ZBY employees attend the mine site on rotating 10-hour shifts, such that at least two employees are on site at any one time. The employees allocated to the black coal mine site do not perform work in any other industries.
Group 1 - Security Personnel are responsible for controlling site access (‘gatehouse’ attendance), drug and alcohol testing, speed and traffic management and general site security surveillance.
In the event of a site emergency (e.g. medical incident), these employees do not have a key role in emergency response – they are required to follow the same procedures as any other person on the site.
Group 2 - Emergency Services Personnel are responsible for the immediate medical and rescue response on the mine site and may (or may not) be qualified paramedics.
On a daily basis, these employees may also assist with other site tasks such as drug and alcohol testing, speed and traffic management, maintenance of site safety equipment etc. In the event of a site emergency, these employees would immediately cease all other tasks to respond to the emergent situation.
Group 1 (Security Personnel) - Employees are not eligible employees under the definition in subsection (b) because security services including (but not limited to) controlling site access (‘gatehouse’ attendance), drug and alcohol testing, speed and traffic management and general site security surveillance are not directly connected to the day to day operation of a black coal mine.
Group 2 (Emergency Services Personnel) - Employees are eligible employees under the definition in subsection (b) because:
For Group 2 employees, the fact that employees are occupied with other duties when not responding to emergencies does not alter the principle purpose of their employment as emergency respondents.