BHP has been ordered to compensate 85 coal mine workers employed by its Operations Services labour hire arm for unlawfully requiring them to work Christmas and Boxing Day without providing a reasonable right of refusal.
The workers have been compensated between $800 and $2400 each ($83,700 in total), for being required to work the public holidays in 2019 at BHP’s Daunia mine.
In a decision delivered today, the Federal Court said the workers deserved compensation for the “the loss of the opportunity to refuse to work on those days by raising reasonable grounds for refusal."
BHP was penalised a further $15,000 payable to the Mining and Energy Union (MEU).
MEU Queensland President Mitch Hughes said the financial compensation for workers was an important recognition of their poor treatment by BHP Operations Services.
“These workers were directed to work public holidays with no consultation or agreement. Their names were drawn out of a hat. Some had to find babysitters for children on Christmas Day or missed parents’ and relatives’ last Christmas celebrations.
“While these amounts are small change to BHP, the bigger principle here is that Australian workers can raise reasonable grounds to refuse to work on public holidays.
“This judgment is a message to all employers in the coal industry and beyond that they must comply with Australian workplace law and community expectations.
“They can request workers to work public holidays – they can’t compel or command them to and workers can refuse on reasonable grounds.
“Mining companies traditionally respected the right of workers to spend time with friends and family at important times of the year like Christmas, but this respect has been eroded by the pressure of 24-hour production.”
While today’s judgment pertains to a breach of the National Employment Standards in the Fair Work Act, BHP has also been found to breach the Black Coal Mining Industry Award in relation to public holidays and shift length. BHP has appealed the Award judgment, with that matter currently before the Federal Court.
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