Mining giant BHP has been ordered to pay more than AU$80,000 after dozens of coal miners were required to work on Christmas and Boxing Day.
The penalty was handed down in the Federal Court on November 11, ABC News reported. The decision comes six years after 85 employees at the Daunia mine in central Queensland were told they would have to work during the two holidays with no special rates.
The Mining and Energy Union filed the court case on behalf of the workers from BHP’s labour hire arm, Operation Services. The case was dismissed in 2022 before the union successfully appealed the decision in March 2023.
According to the court judgement, the employees’ contracts did not include special rates or allowances for working particular times and public holiday remuneration was already included in their annual salaries.
The court found that BHP breached and contravened sections of the Fair Work Act of 2009 when it required 85 employees to work on both public holidays without additional payment. The act also gives employees the right to refuse a company request that is considered unreasonable.
In his ruling, Justice Darryl Rangiah said the 85 employees should be paid an average individual amount of AU$800 or AU$1,100 for a combined total of AU$84,0000 to be paid within 28 days.