JKL Pty Ltd (JKL) is a transport company that provides trucks and drivers to a number of customers in industries including stone quarrying, shipping and mining.
JKL has two types of employees:
Group 1 - Employees are eligible employees under the definition in subsection (b) because:
Group 2 – Employees are not eligible employees under the definition in subsection (b) because they are hauling coal to a destination that is not at or about a place where black coal is mined
If employees work in both group 1 and group 2, the employer would be required to assess the predominant work of the employees.
In this case, the predominant industry of the employer and location of their operations is not determinative.
ABC Pty Ltd (ABC) is an earthmoving and haulage contractor whose employees have been solely engaged in removing overburden, maintaining and repairing access roads and hauling coal on an open cut black coal mine in central Queensland. ABC employees work in close cooperation with employees of the mine operator and other contractors and are under the ultimate supervision of employees of the mine operator.
Employees are eligible employees under the definition in subsection (b) because:
In this case, the ultimate supervision of the employees by the mine operator is not determinative in the assessment.