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Changes for casual employees under the Protecting Worker Entitlements Act 2023.

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Eligibility examples










07.

Professional, administrative and technical services

The following example considers employees of contracting companies whose predominant business is outside the black coal mining industry (i.e. not employers engaged in the black coal mining industry). As such, all scenarios are considered in relation to the definition in subsection (b).

Example 22

727 Pty Ltd (727) is a major international company, providing heavy vehicles and support to several industries. 727 has a large number of operational, administrative, technical and professional employees, based in several locations:

  • Group 1 – 727 has its Asia-Pacific head office in Sydney which contains administrative, technical and managerial employees whose duties relate to the operation of 727 without direct involvement in the black coal mines it operates

  • Group 2 – Regional office in Mackay which contain administrative, technical and managerial employees who only visit coal mines periodically

  • Group 3 – Town offices in Moranbah and Tieri which contain professional, technical and administrative employees whose duties are solely concerned with the day to day operation of three local black coal mines operated by 727. Employees in these offices also only visit coal mines periodically.

Conclusion:

Group 1 – Employees are not eligible employees under the definition in subsection (b) because their duties are not completed at or about a black coal mine.

Group 2 – Employees are not eligible employees under the definition in subsection (b) because their duties are not completed at or about a black coal mine.

Group 3 – Employees are not eligible employees under the definition in subsection (b) because their duties are not completed at or about a black coal mine.


The following example considers employees of companies whose predominant business is the black coal mining industry (i.e. employers engaged in the black coal mining industry). As such, all scenarios are considered in relation to the definition in subsection (a).

Example 23

GHI Pty Ltd (GHI) is a major international mining company with a large number of operational, administrative, technical and professional employees, based in several locations:

  • Group 1 – GHI has its Asia-Pacific head office in Brisbane which contains administrative, technical and managerial employees whose duties relate to the operation of GHI without direct involvement in the black coal mines it operates

  • Group 2 – Regional offices in Mackay and Rockhampton which contain administrative, technical and managerial employees who only visit coal mines periodically

  • Group 3 – Town offices in Moranbah and Tieri which contain professional, technical and administrative employees whose duties are solely concerned with the day to day operation of three local black coal mines operated by GHI.

Conclusion:

Group 1 – Employees are not eligible employees under the definition in subsection (a) because:

  • Their duties are not directly connected to the day to day operation of a black coal mine

  • Completion of administrative duties in the corporate office of an employer engaged in the black coal mining industry is specifically excluded under clause 4.3(b) of the definition of the “black coal mining industry” in the Black Coal Mining Industry Award 2010.

Group 2 – Employees are not eligible employees under the definition in subsection (a) because:

  • Their duties are not directly connected to the day to day operation of a black coal mine

  • Completion of administrative duties in the corporate office of an employer engaged in the black coal mining industry is specifically excluded from the definition of the black coal mining industry.

Group 3 – Employees are eligible employees under the definition in subsection (a) because:

  • The employees are employed in the black coal mining industry

  • They are employed by an employer engaged in the black coal mining industry

  • They complete duties that are solely concerned with the day to day operation of a black coal mine.


H26 Services Pty Ltd (H26) is an international IT services company providing personnel and services to a range of industries. H26 holds a contract to provide IT personnel to a black coal mine site, these personnel fall into two categories:

  1. Group 1 (Administrative IT support) – employees provide IT support to the mine site’s staff on an ‘as needs’ basis. This support primarily includes hardware and software configuration, troubleshooting and maintenance for desktop computers, laptops and other administrative technology. These employees are based at the H26 head office in Brisbane and provide most of the support remotely. They may, on occasion, visit the site to set up new infrastructure.

  2. Group 2 (Operational IT support) – employees are rostered to work on the mine site on a seven-day rotating roster. Their duties include hardware and software configuration, troubleshooting and maintenance of computer monitoring systems for the operating longwall, site control room facilities and two-way radio systems. These employees may, from time to time, provide IT support for the administrative technology on site, as a matter of convenience.

Conclusion:

Group 1 – Employees are not eligible employees under the definition in subsection (b) as:

  • The work is predominantly performed off the mine and as such not performed at or about a place where black coal is mined.

Group 2 – Employees are eligible employees under the definition in subsection (b) as:

  • The employees are employed in the black coal mining industry.

  • The work is related to the maintenance or monitoring of mining equipment and/or are connected to essential monitoring of mine operations and is therefore, directly connected to the day to day operation of the mine.

  • Duties are completed at or about a place where black coal is mined.

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