Production shutdown

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 9

WYZ Contracting Pty Ltd (WYZ) is contracted to overhaul a drag line during a production shutdown period. It provides its own tools and equipment and supervision. The shutdown is for a period of 4 weeks and WYZ employees will leave the site upon completion of the work.

Conclusion:

Employees are not eligible employees under the definition in subsection (b) because employees who are only performing activities during total production shutdown are not performing duties that are part of the routine, ongoing operation, maintenance or servicing of the plant or equipment (i.e. not part of the day to day operation of a black coal mine).