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