BHP OS Public Holiday Class Action

AEN Legal acts for the applicants, former BHP OS employees Gregory Hooper and James Sharkie, who have commenced a class action against OS MCAP Pty Ltd and OS ACPM Pty Ltd in the Federal Court of Australia. The proceedings are brought on their own behalf and on behalf of all persons who are "class members" as defined in the proceeding.

The action arises out of allegations that the Respondents contravened section 114 of the Fair Work Act 2009 (Cth) by requiring employees on continuous shift rosters or fly-in fly-out (FIFO) arrangements to work on public holidays in the period 23 December 2019 to 31 March 2023, without making a reasonable request or informing them of their right to refuse such work if the refusal was reasonable. 

The applicants allege that they and class members suffered loss and damage as a result. They seek, on their own behalf and on behalf of class members, various orders against OS, including compensation and pecuniary penalties. The Court has not made any findings about the allegations yet.

The class action is being funded by the Mining and Energy Union.

Are you a class member?

The proceedings define a class member as if you:

(a) were employed by either of the Respondents at any time between 23 December 2019 and 31 March 2023 (Employment Period);

(b) during the Employment Period:

 (i) worked for either of the Respondents on a public holiday;

 (ii) were required by either of the Respondents to work on each public holiday you worked; and

(iii) worked a continuous shift roster or as a FIFO employee;

(c) were at all material times working in or in connection with:

 (i) the mining industry, as defined in clause 4.2 of the Mining Industry Award 2020; or

 (ii) the black coal mining industry, as defined in clause 4.2 of the Black Coal Mining Industry Award 2020.

Further information about the BHP OS Public Holiday Class Action, including a copy of the Opt Out Notice which class members are encouraged to read, the opt-out deadline of (4:00pm on 30 October 2026), relevant Court documents and frequently asked questions, can be found at the BHP OS Class Action website:

https://publicholidayaction.com.au

Please visit the website for further information about the class action.