123 Pty Ltd (123) provides supplementary labour services to a number of host companies in a range of industries, including black coal mining. 123’s employees who are assigned to black coal mines work as an integrated part of the mine operator’s workforce. The employees work similar rosters to employees of the mine site and are subject to the supervision of the mine operator’s employees.
123’s employees are classified as 'casuals' by their employer and are paid a loaded hourly rate in lieu of a number of award conditions. The normal pattern of employment of 123’s employees assigned to coal mines is to work a weekly roster of 44 hours per week on a regular basis.
Employees are eligible employees under the definition in subsection (b) because:
The levy will be payable by the employer for all hours worked by these employees.