Catchwords:

INDUSTRIAL LAW – whether the employees were an “eligible employee” within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) – whether Court in assessing “eligible employee” should confine its inquiries to the totality of the contractual rights of the employees – whether the duties of the employees were “directly connected with the day to day operation of a black coal mine” – whether any recovery of outstanding levies are subject to the prescribed limitation period under s 14(1)(d) of the Limitation Act 1969 (NSW) – operation of ss 64 and 79 of the Judiciary Act (Cth) – appeal dismissed