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s 4

Mine worker

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Part 1Preliminary

4 Mine worker

(1)

Subject to this section, for the purposes of this Act, mine worker means —

(a)

a person who is employed in the coal mining industry of Western Australia in terms of an industrial instrument; or

[(b) deleted]

(c)

a person who —

(i)

is an elected official of a registered organisation, the membership of which is principally confined to mine workers referred to in paragraph (a); and

(ii)

has actually been employed in a coal mine in Western Australia for a period of, or for periods aggregating not less than, 5 years;

or

(d)

a person who is employed, whether by way of service agreement or by way of subcontract —

(i)

in or about an open cut by a contractor who contracts with an employer for the excavation or the removal of overburden or the winning of coal from the open cut; or

(ii)

in or about a coal mine by a contractor who contracts with an employer for the working of the coal mine or any part of the coal mine;

or

(e)

a contractor who —

(i)

is principally engaged in the excavation or removal of overburden, or the winning of coal, from an open cut or the working of a coal mine, or any part of a coal mine, or transporting coal in or about a coal mine in accordance with a contract entered into with an employer; and

(ii)

uses not more than one vehicle at any one time for the purposes described in subparagraph (i); and

(iii)

does not employ any person in carrying out the contract,

but, subject to subsection (2), does not include —

(f)

a person who is a director of a company which is the owner of a coal mine; or

(g)

a superintendent or an instructor of any mine rescue corps or body.

(2)

The Governor may by regulations extend the definition of mine worker.

(3)

In this section —

industrial instrument means any of the following —

(a)

an award, industrial agreement or order made under the Industrial Relations Act 1979;

(b)

an award, determination, enterprise agreement or order made under the Fair Work Act 2009 (Commonwealth);

(c)

an award, determination or agreement given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Commonwealth);

(d)

an award, agreement, determination, order or similar instrument which is made under a law of the State or the Commonwealth dealing with workplace relations and which is prescribed for the purposes of this definition;

registered organisation means any of the following —

(a)

an association of employees, or an enterprise association, registered as an organisation under the Fair Work (Registered Organisations) Act 2009 (Commonwealth);

(b)

an organisation of employees registered under the Industrial Relations Act 1979;

(c)

a like association or organisation which is registered under a law of the State or the Commonwealth dealing with workplace relations and which is prescribed for the purposes of this definition.

[Section 4 amended: No. 62 of 1994 s. 109; No. 19 of 2013 s. 5; No. 33 of 2014 s. 20.]

[5. Deleted: No. 16 of 2006 s. 4.]

[6. Deleted: No. 46 of 1995 s. 6.]

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