Eligibility Examples

Eligibility Examples

Geological Services

Example 26

EDS Ltd (EDS) is an international company that provides contract drilling services to companies across several industries. EDS has a contract with a black coal mining company to complete an exploration program for a resource estimation in a currently mined part of their mining lease.

Once the work is completed, the EDS employees will leave the site to complete work on other exploration contracts both in the black coal mining industry and in other areas.

The contract:

  • Includes drilling of cored holes and geological and geotechnical logging of the core
  • Requires that EDS supply drill rig operators and geologists to complete the work
  • Requires completion of the work on the mining lease, but separate to the area of active mining.

Conclusion:

Employees are not eligible employees under the definition in subsection (b) because the work is related to exploration and resource estimation for future mining and is not directly connected to the day to day operation of a black coal mine.

In this case, the completion of the work on the mine lease is not persuasive.

Example 27

TUB Geological Services Pty Ltd (TUB) is a geological consultancy firm that holds a contract to provide geological services to a black coal mining company. The employees of TUB are required to work full time on the relevant mine site on a Monday to Friday roster.

The contract includes:

  • Geological mapping of the active mining face, at least once a week
  • Maintenance of geological databases
  • Supervision of the drilling of cored holes and geological and geotechnical logging of the core in the active mining area, as required.

Conclusion:

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

  • The employees are employed in the black coal mining industry
  • The work is required for the planning and safety monitoring of ongoing mining and is therefore directly connected to the day to day operation of the mine
  • Duties are completed at or about a place where black coal is mined.

In this case, completion of duties that may otherwise be considered ‘exploration’ (e.g. geological logging of core) is completed in the active mining area as part of the day to day operation of the mine.