A class action has been launched against Australia’s biggest mining company, BHP, months after the Federal Court found one of its subsidiaries improperly required employees to work on public holidays.
The Federal Court ruled last year that Operations Services (OS), a subsidiary of BHP, breached the Fair Work Act by requiring 85 employees to work on Christmas Day 2019 at the Daunia mine near Moranbah, in Central Queensland.
The new class action, which will be run by Sydney-based AEN Legal on behalf of two lead plaintiffs, will be funded by the Mining and Energy Union (MEU).
MEU Queensland president Mitch Hughes said the action potentially covered about 7,000 employees, which included workers who were employed by OS between December 2019 and March 2023.
BHP subsidiary Operations Services employs workers in WA, Qld, SA and NSW. (ABC Pilbara: Kimberley Putland)
During that time, OS employed people across coal mines in Queensland and NSW, iron ore operations in WA and copper mines in SA.
“That’ll probably narrow down, depending on the scope,” he said.
Mr Hughes said the employees’ concerns included a lack of consultation by OS management before allocating shifts.
“In some cases, we heard accounts from the workforce where everyone’s name was simply put into a hat, and they were selected [to work public holidays].”
He said BHP would typically run a “skeleton crew” across Christmas and Boxing Day and described the decision to keep the mines running at full production in recent years as “ruling with an iron fist”.
Operations Services provides a variety of production and maintenance services to BHP mines. (ABC Tropical North: Danielle Jesser)
In a statement, BHP said the “proceedings remain before the Court and no findings have been made in relation to the claims”.
It said it would not comment further because the matter was “ongoing”.
Mr Hughes said the court action was designed to build on last year’s Federal Court decision, which was specific to the Daunia mine workers of 2019.
In his judgement, Justice Darryl Rangiah detailed some of the circumstances in which the miners left their families to work on Christmas and Boxing Day.
BHP ordered to backpay for holidays
In one instance, a single mother paid $500 for a babysitter for her two children when she went to work.
In another, a man missed out on time in New Zealand with his young daughter, who he had planned to visit.
Others said they were able to spend some time at Christmas celebrations, but were forced to depart early to attend work, upsetting family members.
BHP has appealed the Federal Court decision, which is set to be heard on November 9.