The Mining and Energy Union (MEU) is funding a class action against BHP in pursuit of compensation for thousands of mineworkers employed by its labour hire subsidiaries Operations Services (Production and Maintenance), who were unlawfully required to work on public holidays.
It follows a Federal Court ruling that Operations Services (OS) breached the National Employment Standards when rostering workers on Christmas Day and Boxing Day holidays at Daunia mine in Central Queensland in 2019. This MEU legal victory confirmed years of non-compliance with public holiday rights by the nation’s richest company.
The class action could cover up to 7,000 workers employed by OS Production and maintenance during the relevant period and deliver millions in compensation if successful.
MEU General President Grahame Kelly said BHP had been caught breaking the law and workers deserved compensation.
“BHP put production ahead of OS workers’ rights and now it has been caught out,” Mr Kelly said.
“At Daunia mine, BHP allocated Christmas and Boxing Day shifts for Operations Services workers by literally pulling names out of a hat.
“The Federal Court agreed that wasn’t a reasonable request as required by law and those workers were subsequently compensated.
“But it wasn’t just Daunia mine. Workers across BHP Operations Services nationally were denied the choice to spend important public holidays with their families and loved ones, and they also deserve compensation.”
Workers may be covered by the class action if they were employed by Operations Services Production or Maintenance between December 2019 and March 2023 and were required to work on a public holiday during that period.
During the relevant period, BHP employed Operations Services workers at its Queensland coal mines, Pilbara iron ore operations, South Australian copper mines and the Mt Arthur coal mine in New South Wales.
Eligible workers will be contacted and given the opportunity to opt out of the class action.
The class action is being run by AEN Legal, on behalf of lead plaintiffs Gregory Hooper and James Sharkie. The lead plaintiffs were employees of BHP OS Production and Maintenance respectively at the time of the alleged breaches of the National Employment Standards.
Mr Kelly said the MEU may pursue further class actions on behalf of other cohorts of mineworkers who were unlawfully required to work public holidays.
“This judgment reinforced a simple principle: public holidays matter,” Mr Kelly said.
“Giving up Christmas, Easter and other public holidays should only happen after a genuine request and real consultation with workers – not only because a company wants to keep production rolling.
“This class action is about holding BHP accountable and ensuring workers are compensated when their rights are ignored.
“Union members are again taking on one of the biggest mining companies in the world. They should be proud of the role they are playing in lifting standards for all workers.”
Note: BHP is challenging the legal principle at the heart of the case – whether section 114 of the Fair Work Act is capable of being breached. They have asked the Full Court of the Federal Court of Australia to determine that issue. The hearing is set for 9 November 2026.