Two decades of alleged failures across dozens of mine sites - and the cases just got stronger
Two of Australia's biggest mining companies just lost a significant courtroom fight.
The Federal Court on October 23, 2026 handed down its ruling on interlocutory applications in twin class actions against Rio Tinto Ltd and BHP Group Ltd - brought by women who worked at the companies' Australian mining sites. The applicants allege systemic sexual harassment and sex discrimination spanning two decades and dozens of worksites. Both respondents had tried to have the claims struck out, in whole or in part. They largely failed.
The decision dealt with four interlocutory applications heard together in January 2026. The applicants sought leave to amend their group member definitions and, in Rio Tinto's case, to file an amended pleading. The respondents sought to strike out the pleadings on jurisdictional, procedural, and specificity grounds.
The cases cover a claim period running from November 12, 2003 to early 2024. In the Rio Tinto proceeding, 55 sites were identified as "Rio Tinto's Australian Workplaces." In BHP's case, 57 operations and projects were listed in the schedule to the pleadings. Both applicants bring claims on their own behalf and on behalf of group members under Part IVA of the Federal Court of Australia Act 1976 and the Australian Human Rights Commission Act 1986.
The claims rest on two causes of action: unlawful discrimination under the Sex...
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