Australian employers are being warned to review their public holiday rostering practices after a class action seeking substantial compensation was launched against mining giant BHP. The case follows a landmark 2023 Federal Court ruling that requires employers to genuinely ask workers whether they are willing to work on public holidays, regardless of what individual contracts or workplace agreements state, and it could set a further major precedent for how businesses across all sectors must apply the rule.

The new action, funded by the Mining and Energy Union, could cover up to 7,000 mineworkers employed through BHP's labour hire arm, Operations Services, at sites including Queensland coal mines, Pilbara iron ore operations, South Australian copper mines and the Mt Arthur coal mine in New South Wales, for the period between December 2019 and March 2023. It follows an earlier case in which BHP was fined $100,000 after being found to have breached the rule at its Daunia mine, where Christmas and Boxing Day shifts were allegedly allocated by drawing names from a hat. BHP disputes the court's interpretation of the law, arguing its 24-hour mining operations meant public holiday work was foreseeable and adequately compensated, and it will challenge the ruling in the Full Court on 9 November. Unions have separately cautioned employers in aviation, hospitality, logistics and other resource sectors that they too could face liability, given civil penalties can be pursued retrospectively for up to six years.