Mining giant told to pay almost $100k for forcing workers to turn up on ChristmasThe decision sets a precedent just weeks out from this year’s festive season.4 min read

7NEWS

Nov 12, 2025

Resources behemoth BHP has been ordered to pay close to $100,000 after dozens of coal miners were unlawfully required to work on Christmas and Boxing Day.The penalty, handed down in the Federal Court ...

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Many others were absent from work without leave or permitted to the time off.One employee that worked the holiday was “wracked with guilt” that he could not spend Christmas with his elderly mother who had fallen ill and who he had cared for when she recently broken her pelvis.Sadly, his mother died in March 2020 and he “remains devastated to have missed the opportunity to spend her last Christmas together”.A single mother also shared how she had to ask someone from her children’s drama class to care for her kids on Christmas, paying them $500 to do so.The parent found “it devastating leaving her girls, who were distressed and asked her not to go”, but had no family to assist her.BHP has been ordered to compensate 85 coal mine workers employed by its Operations Services labour hire arm for unlawfully requiring them to work Christmas and Boxing Day without providing a reasonable right of refusal. Credit: Richard Wainwright/AAPIn March, a Full Court found OS had breached and contravened the Fair Work Act 2009 because while an employer can ultimately require employees to work on public holidays, employees have the capacity to refuse a request that is unreasonable.Importantly there must be a “request” rather than a “unilateral command”.“I infer that if OS had made a request, instead of imposing a requirement, each of the 85 employees would have sought to raise reasonable grounds for refusing to work,” Justice Darryl Rangiah said on Tuesday.“I find, on the balance of probabilities ... the 85 employees were deprived of the opportunity to raise reasonable grounds for refusing to work on Christmas Day and Boxing Day.“I find there was damage or detriment to the employees by the deprivation of that opportunity.Rangiah also flagged that the act only “requires only a reasonable basis for a refusal to work, not special circumstances”.It was noted that the workers’ contracts stated they may need to work on public holidays and that payment for the expectation was incorporated into their remuneration, and Rangiah said OS did not deliberately contravene the act.“It is not in dispute that OS has substantial resources which demonstrates a need for a greater penalty to achieve deterrence,” the Justice said.“However, in light of the Full Court’s decision, it seems most unlikely that OS would engage in similar contravening conduct again.“In fact, its procedures have now been changed so that employees are requested to work on public holidays, given the opportunity to refuse and to have their reasons for refusal considered. That limits the need for specific deterrence.”Workers were compensated between $800 and $2400 each. Credit: Dave Hunt/AAPMEU Queensland President Mitch Hughes said the compensation and penalties are “small change” to BHP, but the order sends a message.“(Employers) can request workers to work public holidays — they can’t compel or command them to and workers can refuse on reasonable grounds,” Hughes said.“Mining companies traditionally respected the right of workers to spend time with friends and family at important times of the year like Christmas, but this respect has been eroded by the pressure of 24-hour production.”Jewell Hancock Employment Lawyers principal Andrew Jewell said the main lesson is that employees need to be extremely careful when asking employees to work on any public holiday and even when an employee is paid a salary well above minimum Award rates.“A balance must be struck. The request, and rejection, must be ‘reasonable’ however the ‘reasonableness’ will be assessed on a case-by-case basis, and even if the request is reasonable, a refusal can be reasonable,” Jewell told 7NEWS.com.au.“What is clear is that employers cannot issue blanket directions just to keep making money and would need another basis, such as an emergency. “However, the employer can only make a request, and must at least consider the response of employees which could include personal factors.”BHP said it will comply with the court’s decision.“Mining operates around the clock, every day of the year, to provide the materials the world needs,” a spokesperson said.“This includes on public holidays.“We will continue to comply with the court’s decision relating to public holiday rosters.”Major home food delivery service announces shock Australian closure1 min readZach Merrett reappears at Essendon after failed trade2 min read","kind":"highlight","is_publish_news":true,"is_publish_highlight":false,"is_publish_live":false,"is_publish_wemedia":null,"editions":null,"column":"","sentiment":"-1","news_tag":"","news_rank":0,"symbols":[],"gpt_button":0,"need_auth":false,"code":"91000000","status":"200"}}}