Mining giant BHP has been ordered to pay nearly $100,000 after forcing 85 coal miners to work on Christmas and Boxing Day without offering a reasonable right to refuse. The Federal Court handed down the penalty on Tuesday, six years after the incident at the Daunia mine near Moranbah in central Queensland.
Workers employed by BHP's labour hire arm, Operation Services (OS), will receive compensation ranging from $800 to $2,400 each. BHP was also fined $15,000, payable to the Mining and Energy Union. The court found that OS breached the Fair Work Act by issuing a 'unilateral command' rather than a request to work on public holidays.
One employee was 'wracked with guilt' after missing Christmas with his elderly mother, who later died in March 2020. A single mother paid $500 to a drama class acquaintance to care for her distressed children on Christmas Day. The court noted that employees were deprived of the opportunity to raise reasonable grounds for refusal.
Justice Darryl Rangiah said OS's procedures have since been changed to ensure employees are requested to work on public holidays and given the chance to refuse. MEU Queensland President Mitch Hughes said the penalty sends a message that employers cannot compel workers to work on public holidays.
