Industrial law (Cth) – Coal industry – Statutory interpretation – Portable long service leave scheme – Where employers required to make payments in respect of "eligible employees" defined in s 4(1) of Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) – Where respondent provided shotfiring services to black coal mines through employees – Where definition of "eligible employee" bifurcated into "employer limb" and "location limb" – Where location limb required employee be "employed in the black coal mining industry" – Where "black coal mining industry" defined to have meaning in Black Coal Mining Industry Award 2010 ("Award") – Where cl 4.3(g) of Award excluded "supply of shotfiring or other explosive services by an employer not otherwise engaged in the black coal mining industry" from "black coal mining industry" – Whether cl 4.3(g) of Award applied to location limb – Whether respondent otherwise engaged in black coal mining industry.
Words and phrases – "at or about a place", "award", "award modernisation", "bifurcated limbs", "black coal", "black coal mine", "black coal mining industry", "construction", "contrary intention", "definition", "directly connected with the day to day operation of", "eligible employee", "employed in", "employer limb", "engaged in", "location limb", "not otherwise engaged in", "portable long service leave", "qualifying service", "shotfirer", "shotfiring or other explosive services", "status quo", "substantial character".
Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth), ss 3, 4(1), 39A(1).
Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009 (Cth).
Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 (Cth).
Workplace Relations Act 1996 (Cth), s 576C.
Black Coal Mining Industry Award 2010, cll 4.1, 4.2, 4.3, 4.5, 4.6, Sch A.