The Mining and Energy Union is coordinating a class action on behalf of eligible BHP Operations Services workers who were denied their legal right to be asked before working on public holidays.
This follows a landmark Federal Court victory by the MEU, which found that BHP Operations Services breached the National Employment Standards by requiring workers to work on public holidays rather than first requesting that they do so.
The original case resulted in compensation being awarded to workers at Daunia Mine and forced BHP to change its public holiday policies.
Eligible workers across BHP Operations Services may now be entitled to compensation.
Register your interest below.
Class Action Alert
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You may be eligible if you meet all of the below conditions:
- Worked for OS Production or OS Maintenance; and
- Worked as a FIFO employee or on a continuous shift roster; and
- Worked public holidays between 23 December 2019 and 31 March 2023; and
- Were expected or required to work those public holidays.
This class action applies nationally across BHP Operations Services worksites.
What was unlawful?
This case is not about penalty rates.
Australian law requires employers to first request (rather than require) employees work on a public holiday. Employees then have the right to refuse that request on reasonable grounds or if the request is not reasonable.
The Federal Court found that BHP Operations Services’ public holiday arrangements treated public holiday work as mandatory and therefore breached the National Employment Standards contained in the Fair Work Act.
Public holidays are recognised in Australian law because workers are entitled to spend time with family, friends and their communities. Employers cannot simply treat those days as ordinary rostered work.
Why is the MEU involved?
This class action exists because MEU members took on BHP and won.
The original Federal Court case was brought by the Mining and Energy Union on behalf of workers at Daunia Mine. After years of litigation and multiple appeals by BHP, the Court ultimately found in favour of the workers.
The victory not only resulted in compensation for workers at Daunia but forced BHP to change its public holiday policies and contributed to employers across Australia reviewing their own arrangements.
Following that victory, the MEU is helping eligible Operations Services workers pursue compensation arising from the same unlawful arrangements.
If you’re not already a member, now is a good time to join the union that fought this case, changed BHP’s policies and is now helping workers recover compensation.
Frequently Asked Questions
What if I no longer work for BHP Operations Services?
This class action follows the success of the Mining and Energy Union in Mining and Energy Union v OS MCAP Pty Ltd (No 3) [2025] FCA 1372, which was launched on behalf of MEU members at Daunia Mine who were required to work on public holidays in contravention of their rights under the National Employment Standards.
The Federal Court found that employers have an obligation to request employees work on public holidays in the first instance and that employees have a right to refuse on reasonable grounds.
The Court found that BHP Operations Services’ public holiday arrangements breached those rights.
As a result, compensation was awarded to 85 workers at Daunia Mine who had been improperly required to work on public holidays.
What if I no longer work for BHP Operations Services?
This class action is open to OS Production and OS Maintenance employees who worked as a FIFO employee or on a continuous shift roster and were required to work on public holidays between 23 December 2019 and 31 March 2023.
While the original case was brought on behalf of workers at Daunia Mine, the legal principles established by the Federal Court apply across Operations Services worksites nationally.
What if I no longer work for BHP Operations Services?
You may still be eligible.
Eligibility is based on whether you worked in a covered role between 23 December 2019 and 31 March 2023, not whether you currently work for BHP Operations Services.
What if I still work for BHP Operations Services?
You may be eligible.
Eligibility is based on whether you worked in a covered role between 23 December 2019 and 31 March 2023, not whether you currently work for BHP Operations Services.
I wasn't an MEU member. Can I still participate?
Yes.
Eligible workers can participate regardless of whether they were members of the MEU during the claim period.
What counts as a public holiday?
Public holidays include:
- New Year’s Day
- Australia Day
- Good Friday
- Easter Monday
- Anzac Day
- Queen’s/King’s Birthday (on the day observed in the relevant State or Territory)
- Christmas Day
- Boxing Day
- Any other day declared or prescribed by a State or Territory to be observed generally as a public holiday
How much compensation will I receive?
Compensation will vary depending on individual circumstances, including the number of public holidays worked during the claim period.
It is not currently possible to provide an estimate for individual claims, however, as a guide, workers at Daunia mine received an average of $500 for each public holiday worked.
Do I need payslips or employment records?
Not necessarily.
If you register your interest, the legal team will advise what information may be required and what records may already be available.
Do I need to go to court?
Most participants will not be required to attend court.
If any information is required from participants during the process, the legal team will contact them directly.
Will it cost me anything?
As the funder of this class action, MEU retains discretion as to whether, and to whom, we charge a commission. Any commissions will be paid out of compensation awarded.
Why is this case being brought now?
The original Daunia case was heavily contested by BHP, which appealed the decision through multiple stages of the court system.
In November 2025, the workers’ victory was ultimately confirmed, establishing that BHP’s public holiday arrangements breached the National Employment Standards.
Following that successful outcome, the MEU moved to extend the claim to all eligible Operations Services workers across Australia who were affected by the same unlawful arrangements.
Why does the class action only cover the period between 23 December 2019 and 31 March 2023?
Under Australian law, claims of this nature are subject to a six-year limitation period.
The class action was filed on 23 December 2025 to ensure workers affected during the 2019 Christmas and New Year period could still be included.
BHP changed its public holiday policies on approximately 31 March 2023 following the MEU’s successful legal action on behalf of workers at Daunia Mine.
As a result, the class action covers the period during which Operations Services workers were subject to the unlawful public holiday arrangements determined by the Federal Court.
I worked at Daunia for OS – am I covered by this class action?
Our initial case against BHP only covered BHP OS Production workers at Daunia who were required to work on Christmas Day and Boxing Day 2019.
If you were a BHP OS Production employee at Daunia who was required to work Christmas Day or Boxing Day 2019 and you have already received compensation for those dates, you will not be able to claim further compensation for those dates. You will be able to claim compensation for any other public holidays you were required to work during the claim period.
If you were a BHP OS Maintenance employee at Daunia between 23 December 2019 and 31 March 2023, and were required to work any public holiday other than Christmas Day or Boxing Day 2019, you are covered by this class action.
I’m an employee of BHP who was required to work public holidays, am I covered by this class action?
As this case follows our successful 2023 matter against BHP regarding OS workers at Daunia, the scope of this class action is limited to BHP OS employees only. The MEU may explore further legal action against other employers in the future.
Class Action Alert
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