Class action launched against BHP subsidiary over public holiday work

The Federal Court ruled last year that Operations Services breached the Fair Work Act by requiring 85 employees to work on Christmas Day 2019 at the Daunia mine near Moranbah, in Central Queensland.

MEU Queensland president Mitch Hughes said the new action potentially covered about 7,000 employees, though he noted "that'll probably narrow down, depending on the scope." During the relevant period, OS employed people across coal mines in Queensland and NSW, iron ore operations in WA and copper mines in SA.

Mr Hughes raised concerns about 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. 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."

In his judgement, Justice Darryl Rangiah detailed circumstances in which miners left their families to work on Christmas and Boxing Day. 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. Others said they were able to spend some time at Christmas celebrations but were forced to depart early.

BHP said in a statement that "proceedings remain before the Court and no findings have been made in relation to the claims" and would not comment further because the matter was ongoing. The company has appealed the Federal Court decision, with the appeal set to be heard on November 9.

Why This Matters

The outcome could set a precedent for how mining companies allocate public holiday work and consult with employees across Australia
If the class action succeeds, it may lead to significant compensation for thousands of current and former OS employees
BHP's appeal of the original ruling means the legal position on public holiday work remains unsettled, creating uncertainty for both employers and workers

Background

Operations Services is a subsidiary of BHP, Australia's biggest mining company. It provides production and maintenance services to BHP mines across Queensland, New South Wales, Western Australia and South Australia. The Federal Court found last year that OS breached the Fair Work Act specifically at the Daunia mine in 2019. The new class action seeks to extend that finding to potentially thousands more workers employed over a broader timeframe.

Key Perspectives

Mining and Energy Union: Argues that OS systematically failed to consult workers about public holiday shifts and that the practice of putting names "in a hat" to select workers is unacceptable. The union sees this as a pattern of management treating workers' family time as disposable. BHP: Maintains that the proceedings remain before the court and no findings have been made regarding the new claims. The company has appealed the original Federal Court decision, suggesting it disputes the interpretation of the Fair Work Act applied in that case. Affected workers: Employees described having to pay hundreds of dollars for childcare or missing important family events, including time with children over the Christmas period, due to the shift allocations.

What to Watch

BHP's appeal hearing on November 9, which could either uphold or overturn the original Federal Court ruling
The final scope of the class action, which currently covers roughly 7,000 employees but is expected to narrow
Whether the class action prompts other mining companies to review their holiday shift allocation practices

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