Fortescue mining hit with class action alleging ‘decades of systemic sexual harassment’

Mining giant Fortescue is being accused, in newly filed proceedings, of systemic sexual harassment, gender discrimination, and hostile work environments at its remote Australian worksites and accommodation villages.

Editor’s note: This story has been updated since it was first published to include additional commentary.

The sex discrimination class action has been filed today (Thursday, 25 June) in the Victorian registry of the Federal Court by JGA Saddler and is backed by UK litigation funder Aristata.

The firm clarified that an employer is liable under the Sex Discrimination Act if they “permit” a woman to work in an environment where she is likely to experience or be exposed to sexual harassment and discrimination.

On the numerous references to misconduct in Fortescue worksites, JGA lawyer Paris Hamrey said: “There have been reports of sexual assault, violence, and retaliation, especially when female staff reject sexual advances. We have heard from women who have lodged complaints about unacceptable behaviour but are then dismissed, demoted, silenced, or blacklisted from the industry.”

“One of the most disturbing regular reports is women on Fortescue worksites being warned against washing their underwear in on-site laundries because theft of female underwear is rife. It is horrendous to think mining women should have to worry about what should be a mundane task.”

“Aside from a violation, it raises concerns about escalation of offending and highlights safety risks to female staff.”

Aristata’s general counsel and head of portfolio management, Michael Hartridge, said: “We are committed to supporting women in mining who are reporting high levels of sexual violence, harassment, and discrimination in their workplace.”

JGA Saddler requested the names of two lead applicants to be redacted in the filings due to personal safety concerns.

Statements from general group members revealed the horrifying extent and depravity experienced by female workers during their employment with Fortescue.

One such statement detailed: “He said, ‘Girls don’t belong in mining’; and ‘You s--ts report us and then we get the sack’.”

Another reported hearing: “If I dropped something on the ground during my shift they would say, ‘baby girl while you’re down there‘.”

A group member said: “When I was in the leadership role, I had males on site that would refuse to talk to me because they wanted to speak with a male”, with another stating: “I had males crack on to me that I thought were safe, but they weren’t.”

Another member said: “When we were working remotely, there were no bathroom facilities. I would [have to take] myself off and find a place to go in the bush. On several occasions, male colleagues would try and find me, either on foot or in a ute.”

Shockingly, another member said: “I came home one night to find a random man in my room.”

“The FMG motto is that we are family, but when I got sick there was no support and there was a lot of nastiness towards me”, another member said.

Women subject to any gender-based misconduct who worked at any Fortescue Australian mining hub or accommodation camp between 1 February 2006 and 5 December 2025 are eligible to participate in the class action.

The filing marks the third class action against an Australian mining company, following those against Rio Tinto and BHP in 2024.

Last October, a class action was filed by JGA Saddler against the Commonwealth by women in the Australian Defence Force, who alleged systemic and widespread cases of sexual harassment, sexual violence, discrimination, and victimisation while under employment in the Army, Navy, Air Force, and training establishments.

HR Leader received the following comment from a Fortescue spokesperson: “Fortescue is committed to providing a safe, respectful and inclusive workplace for all employees and contractors.

“Sexual harassment, unlawful discrimination, and other behaviour that makes people feel unsafe have no place at Fortescue.”

The spokesperson noted Fortescue’s prioritisation of the health, safety, and wellbeing of all employees across operations, and a focus on continuing to improve safety and the investigation of any concerns.

“While we have made strong progress, we know there is always more work to do, and Fortescue is committed to continuously lifting standards across both our own operations and the mining industry more broadly,” the spokesperson said.

Similarly, Fortescue metals and operations CEO Dino Otranto said: “This isn’t the first class action we’ve seen in the industry over the past few years. That said, these are extremely serious allegations, and Fortescue takes them very seriously.”

While acknowledging the class action, Otranto was unable to comment on the specific allegations, but said: “We remain committed to maintaining an open and inclusive workplace.”

“Do we have more work to do? Yes. The industry-wide inquiry several years ago made it clear that the entire sector needed to lift its standards, and we’ve invested significantly in critical infrastructure and initiatives across our operations to help ensure everyone feels safe, respected, and included at work.”

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