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BHP faces class action covering as many as 7,000 mineworkers

Inside Practice · SEPTEMBER 11, 2026 · 1 MIN READ

On September 10, Reuters reported that Australia’s Mining and Energy Union is funding a class action against BHP that could cover up to 7,000 workers allegedly required to work Christmas and Boxing Day holidays without the required right to refuse. A federal court had previously found breaches of national employment standards in related rostering, and the new hearing is scheduled for November 9, 2026; BHP did not respond to Reuters’ request for comment. Corporate counsel should treat workforce scheduling as a control environment issue that can aggregate into class-wide liability even when each individual shift appears routine. For mining and other continuous-operation businesses, the practical test is whether workforce systems can demonstrate lawful requests, consent and exceptions at scale.

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