IT services

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 25

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:

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.

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 (Administrative IT support) – 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 (Operational IT support) – 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.