BHP has been ordered by Australia’s Federal Court to compensate 85 coal mine workers employed by its labour hire arm in Queensland for unlawfully requiring them to work Christmas and Boxing Day holidays without providing a reasonable right of refusal.
The workers have been compensated between A$800 and A$2400 each for being required to work the public holidays in 2019 at the Daunia mine. BHP sold the mine to Whitehaven last year.
The miner was also penalised $15,000 payable to the Mining and Energy Union.
MEU Queensland President Mitch Hughes said the financial compensation for workers was an important recognition of their poor treatment by BHP Operations Services.
“Mining companies traditionally respected the right of workers to spend time with friends and family at important times of the year like Christmas, but this respect has been eroded by the pressure of 24-hour production,” Hughes said.
While the judgment pertains to a breach of the National Employment Standards in the Fair Work Act, BHP has also been found to breach the Black Coal Mining Industry Award in relation to public holidays and shift length.
BHP has appealed the award judgment.
Source: Mining and Energy Union