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BHP ordered to compensate Queensland coal workers for Christmas and Boxing Day shifts
Australia’s Federal Court rules that BHP breached workplace rights by making mine workers clock in on public holidays without fair choice.
Australia’s Federal Court has ruled that BHP must compensate a group of 85 coal mine workers in Queensland for being unlawfully required to work on Christmas Day and Boxing Day back in 2019. The decision follows a case brought forward by the Mining and Energy Union (MEU), which argued that the company’s labour-hire arm failed to give employees a reasonable right to refuse work on public holidays.
The affected employees, based at BHP’s Daunia mine near Moranbah, have now received payments ranging from A$800 to A$2,400 each, depending on their rostered hours. In addition to the compensation, the court ordered BHP to pay A$15,000 in penalties to the union.
While the monetary amount is modest, MEU Queensland President Mitch Hughes said the case was significant in setting a legal precedent. “These amounts are small change to BHP, but the bigger principle here is that Australian workers have the right to say no to working on public holidays when they have reasonable grounds,” he said.
The Daunia mine, where the breaches occurred, was sold by BHP to Whitehaven Coal in 2024 as part of a wider exit from some of its Queensland coal assets. Whitehaven later cut 192 jobs across Daunia and Blackwater mines, adding to a broader trend of workforce reductions across the coal sector.
The ruling comes at a time when BHP has warned of “difficult decisions” ahead for its remaining metallurgical coal operations, citing high state royalties and weakening global prices. The case underscores ongoing tensions between Australia’s mining giants, government regulators, and unions over pay, safety, and working conditions in a sector under increasing economic and environmental pressure.
The affected employees, based at BHP’s Daunia mine near Moranbah, have now received payments ranging from A$800 to A$2,400 each, depending on their rostered hours. In addition to the compensation, the court ordered BHP to pay A$15,000 in penalties to the union.
While the monetary amount is modest, MEU Queensland President Mitch Hughes said the case was significant in setting a legal precedent. “These amounts are small change to BHP, but the bigger principle here is that Australian workers have the right to say no to working on public holidays when they have reasonable grounds,” he said.
The Daunia mine, where the breaches occurred, was sold by BHP to Whitehaven Coal in 2024 as part of a wider exit from some of its Queensland coal assets. Whitehaven later cut 192 jobs across Daunia and Blackwater mines, adding to a broader trend of workforce reductions across the coal sector.
The ruling comes at a time when BHP has warned of “difficult decisions” ahead for its remaining metallurgical coal operations, citing high state royalties and weakening global prices. The case underscores ongoing tensions between Australia’s mining giants, government regulators, and unions over pay, safety, and working conditions in a sector under increasing economic and environmental pressure.
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