Class action targets BHP for public holiday rosters

Up to 7,000 workers may be eligible for a class action that accuses BHP of unlawfully making them work on public holidays.

Run by AEN Legal and supported by the Mining and Energy Union (MEU), the class action follows a Federal Court ruling that BHP’s labour hire subsidiaries at Operations Services breached the National Employment Standards when rostering at a Central Queensland mine.

MEU general president Grahame Kelly said BHP put production ahead of workers’ rights “and now it has been caught out”.

“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,” he said.

Kelly added that it was not just the Daunia mine, alleging that workers across BHP Operations Services nationally were denied the opportunity to spend the public holidays with loved ones.

“They also deserve compensation,” he said.

Workers employed by Operations Services Production or Maintenance between December 2019 and March 2023 and required to work on a public holiday may be eligible to join the class action.

Further class actions for unlawful work on behalf of other cohorts of mineworkers may also be pursued by the MEU.

“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,” Kelly said.

BHP has challenged whether section 114 of the Fair Work Act is capable of being breached.

A full court hearing has been set down for 9 November 2026.

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