Mining union funds class action against BHP over alleged public holiday breaches affecting thousands

BHP is facing a class action that could deliver millions of dollars in compensation to thousands of mineworkers allegedly required to work on public holidays in breach of the National Employment Standards (NES).

The Mining and Energy Union (MEU), which is funding the legal action, says workers employed by BHP's labour hire subsidiary Operations Services (OS) were unlawfully rostered on Christmas Day and Boxing Day at Daunia mine in Central Queensland in 2019.

The case turned on the meaning of section 114 of the Fair Work Act, which protects employees' right not to be required to work on a public holiday while permitting employers to make a reasonable request.

The class action, run by AEN Legal on behalf of lead plaintiffs Gregory Hooper and James Sharkie, could cover up to 7,000 workers employed by OS Production and Maintenance between December 2019 and March 2023.

This is the first class action to be filed following the Daunia ruling, which last year resulted in BHP being hit with almost $100,000 in fines and compensation orders, The Australian Financial Review reported.

That case covered just 85 workers automatically rostered for Christmas at Daunia, compared to the thousands potentially covered by the class action.

The union's position

MEU General President Grahame Kelly said BHP had been caught breaking the law.

"BHP put production ahead of OS workers' rights and now it...

Read Full Story: https://news.google.com/rss/articles/CBMiugFBVV95cUxPTWx2cENwYkZjb0tPdkdYWm9m...