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:

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

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:

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