Mine worker
4 Mine worker
Subject to this section, for the purposes of this Act, mine worker means —
a person who is employed in the coal mining industry of Western Australia in terms of an industrial instrument; or
[(b) deleted]
a person who —
is an elected official of a registered organisation, the membership of which is principally confined to mine workers referred to in paragraph (a); and
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
a person who is employed, whether by way of service agreement or by way of subcontract —
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
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
a contractor who —
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
uses not more than one vehicle at any one time for the purposes described in subparagraph (i); and
does not employ any person in carrying out the contract,
but, subject to subsection (2), does not include —
a person who is a director of a company which is the owner of a coal mine; or
a superintendent or an instructor of any mine rescue corps or body.
The Governor may by regulations extend the definition of mine worker.
In this section —
industrial instrument means any of the following —
an award, industrial agreement or order made under the Industrial Relations Act 1979;
an award, determination, enterprise agreement or order made under the Fair Work Act 2009 (Commonwealth);
an award, determination or agreement given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Commonwealth);
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 —
an association of employees, or an enterprise association, registered as an organisation under the Fair Work (Registered Organisations) Act 2009 (Commonwealth);
an organisation of employees registered under the Industrial Relations Act 1979;
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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