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Eligibility ExamplesExample 11
STV Contracting Pty Ltd (STV) is engaged for a discrete project on identified work that consists of the overhaul of a number of haul trucks. The contract:
Conclusion:
Employees are not eligible employees under the definition in subsection (b) because, when considering the totality of their employment, employees work briefly on a job before returning to work outside the black coal mining industry (i.e. the substantial industry of the employee is not the black coal mining industry)
Example 12
456 Pty Ltd is an electrical contractor based in a major regional centre, working predominantly in the manufacturing and construction industry. However, the company is also undertaking an increasing amount of work in the black coal mining industry on an intermittent basis.
One such contract involves electrical repairs to a coal handling and preparation plant located on a coal mine and operated by the mine owner. The contract involves approximately five weeks of work for six employees. When all facts are taken into account, the employees concerned are not employed in the black coal mining industry.
Conclusion:
Employees are not eligible employees under the definition in subsection (b) because, when considering the totality of their employment, employees work briefly on a job before returning to their usual work. These employees are not employed in the black coal mining industry.
The predominant industry of the employer and location of their operations is not a determinative factor.
Example 13
JPR Pty Ltd (JPR) is contracted through an individual work order from the black coal mine operator to perform a specific maintenance task at the mine. This occurs on an ad hoc basis and the task is usually of a short duration i.e. up to a day.
JPR employees are based at the contractor’s premises and travel from there to the mine site and return to the contractor’s depot at the end of each job.
JPR can allocate any of its employees to perform the work. It is not necessarily the same employee on each occasion.
Conclusion:
Employees are not eligible employees under the definition in subsection (b) because, when considering the totality of their employment, employees work briefly on a job before returning to work outside the black coal mining industry (i.e. the substantial industry of the employee is not the black coal mining industry.
Example 14
UVX Contracting Pty Ltd (UVX) is contracted to perform specific maintenance work on plant and equipment on an ongoing basis, subject to the renewal/termination of the contract after a minimum set period.
Under this arrangement:
Conclusion:
Employees are not eligible employees under the definition in subsection (b) because, when considering the totality of their employment, employees work briefly on a job before returning to work outside the black coal mining industry (i.e. the substantial industry of the employee is not the black coal mining industry).
Example 7
FTS Contracting Pty Ltd (FTS) is contracted to supply and assemble a large piece of mining equipment on a black coal mine. This could be, for example, the construction of a drag line. FTS also holds the contract for ongoing maintenance of the equipment, once constructed:
Group 1 (Machinery Construction) - the work is performed solely or largely by employees of FTS (albeit FTS may sub-contract). The assembly may take some months. While the assembly occurs on the mine lease it is in an area that is separate from the ongoing production area of the mine. Upon completion of the project, the employees of FTS leave the site and return to its workshop.
Group 2 (Machinery Maintenance) - following the assembly of the dragline, FTS leaves a crew in place at the mine on a permanent basis. The employees’ role is to monitor and maintain the operation of the dragline.
Conclusion:
Group 1 (Machinery Construction) - Employees are not eligible employees under the definition in subsection (b) because work is in the construction of new equipment and it is not part of the day to day operation of the mine.
Group 2 (Machinery Maintenance) - Employees are eligible employees under the definition in subsection (b) because:
In this case, an employee of FTS Contracting Pty Ltd who commenced work during the construction of the machinery, but remained on site for the ongoing maintenance, would only be eligible from the time they commenced their maintenance duties.
Example 8
DEF Pty Ltd (DEF) is engaged in the business of manufacturing, transporting and servicing heavy earthmoving and mine haulage equipment that is used in open cut mines. DEF has a contract with a black coal mine operator that includes two main components:
In this example, employees would be engaged in group 1 or 2 in isolation, not completing works from both categories.
Conclusion:
Group 1 - Employees are not eligible employees under the definition in subsection (b) because work is in the construction of new equipment and it is not part of the day to day operation of the mine.
Group 2 - Employees are eligible employees under the definition in subsection (b) because:
For employees who are involved in both group 1 and group 2 of the work, eligible service would be limited to work completed under group 2.
Example 1
ABZ Contracting Pty Ltd (ABZ) is contracted to perform maintenance tasks on a specific make of vehicles as detailed in the contract with the operator of a black coal mine. ABZ is the maintenance subsidiary of a major manufacturer of mining and quarrying equipment. Under this arrangement:
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this case, and in light of the balance of information, the location of sign-on/off, provision of tools, manner of supervision was not sufficient to alter the determination of eligibility.
Example 2
BCY Contracting Pty Ltd (BCY) performs exactly the same work as in example 1 except that its employees may be required to work on more than one black coal mine site on any one day or over a period of time.
The employees of BCY work permanently on black coal mine sites, subject to the minor variation in work patterns of the type described in example 1.
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this case, the completion of work at several black coal mine sites is not determinative.
Example 3
DXW Pty Ltd (DXW) performs exactly the same work as in example 1; however, one or more employees of DXW occasionally do not work a full week on the coal mine site, instead working one to two days at the company workshop or another client site.
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this case, the variation in work patterns described above only involves a marginal change to the predominant work pattern of employees, such that their work is still substantially in the black coal mining industry.
Example 4
EUV Contracting Pty Ltd (EUV) performs exactly the same work as in example 1; however, as a matter of company practice, the employees are required to report to EUV’s workshop on each shift prior to commencing work at the black coal mine site.
Conclusion:
Employees are eligible employees under the definition in sub-section (b) as:
In this case, the location of sign-on/off, provision of tools, manner of supervision is not persuasive in the determination of eligibility.
Example 5
MUV Contracting Pty Ltd (MUV) is a general mechanical contractor that employs a small number of employees who work exclusively on black coal mines performing continuous maintenance and general routine break down work on mining equipment. Under this arrangement:
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this case, the proportion of time spent at each of the mine sites, location of the administration office and nature of the supervision are not determinative.
Example 6
LZI Contracting Pty Ltd (LZI) enters into a contract with a coal company to provide maintenance work on a conveyor belt. The conveyor belt transports coal from the mine through the CHPP to a rail head or power station located several kilometres from the mine lease. Under the arrangement:
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this example, the requirement to spend some time off the mine site to undertake the maintenance of this equipment does not alter the conclusion.
Example 10
A black coal mining company enters into a contractual arrangement with MNO Contracting Pty Ltd (MNO), a general engineering company that provides engineering and maintenance services to a range of industries, including the black coal mining industry. The contract:
Conclusion:
Employees are not eligible employees under the definition in subsection (b) because the work is performed off the mine site (i.e. not at or about a place where black coal is mined).
In this case, whether the work was part of an ongoing contract or a one-off job is not a determining factor.
Example 15
GRQ Contracting Pty Ltd (GRQ) is contracted to undertake the work of changing tyres on various vehicles used on a black coal mine site, for example water trucks, haul truck vehicles and loaders.
The work is performed on an ongoing basis by GRQ employees at a designated bay area adjacent to the main maintenance workshop on the mine site.
GRQ employees work under their own supervision and according to their own roster. There is limited contact with mine operator employees.
Conclusion:
Employees are eligible employees under the definition in subsection (b) because:
In this case, the nature of employee supervision and roster arrangement is not determinative.