Eligibility Examples

Eligibility Examples

Haulage

Example 18

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:

  1. Those who are based on a coal mine, solely transporting coal from the mine to a stockpile located on the mine lease.
  2. Those who are engaged in transporting coal from the same mine stockpile to a power station or major manufacturing operation 60 kilometres away that utilise the coal as part of their production processes.

Conclusion:

Group 1 - Employees are eligible employees under the definition in subsection (b) because:

  • The employees are employed in the black coal mining industry
  • Hauling coal within the mine lease is part of the day to day operation of a black coal mine (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.

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.

Example 19

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.

Conclusion:

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

  • The employees are employed in the black coal mining industry
  • Removal of overburden, hauling coal within the mine lease and maintaining access roads are part of the day to day operation of a black coal mine
  • Duties are completed at or about a place where black coal is mined.

In this case, the ultimate supervision of the employees by the mine operator is not determinative in the assessment.

Next Section

07. Labour Hire

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