BHP has been fined over $80,000 for requiring workers to work during Christmas without additional pay. This penalty follows an incident from six years ago when 85 miners were informed they would have to work at the Daunia mine in central Queensland on Christmas and Boxing Day without receiving special rates. Court documents reveal that the workers felt "shattered" and "racked with guilt" for leaving their families during the holidays.

The Mining and Energy Union initiated the court case on behalf of the affected workers, who were employed through BHP's labor hire division, Operation Services. The case was initially dismissed by Federal Court Justice Darryl Rangiah in February 2022. However, the union appealed the decision and was successful in March 2023, leading to a hearing in April. Justice Rangiah's ruling was announced on Tuesday.

The Daunia mine has been operational every day since its opening in 2013. According to the court's judgment, the employees' contracts, which offered annual salaries ranging from $98,000 to $105,000, did not specify additional pay for working on public holidays. Instead, public holiday remuneration was included in the total salary amount, without detailing how much was allocated for holiday work.

In June 2019, employees were informed that six workers from each of two crews would be required to work on Christmas and Boxing Day without extra benefits. This number later increased to eight workers from each crew. Consequently, 85 out of 168 employees in those crews worked on both holidays without additional compensation.

The Full Court found in March 2023 that this practice violated sections of the Fair Work Act 2009. The union argued that Operation Services' decision to have employees work on public holidays was driven by profit motives rather than community health and safety needs. Justice Rangiah acknowledged the validity of this argument in his judgment.

Affidavits from seven of the affected employees highlighted the emotional toll of working during the holidays. One worker noted the religious significance of Christmas, while another shared that it was his family's first Christmas without his recently deceased father. A single mother expressed her heartbreak over missing Christmas with her children, who were distressed and asked her not to go to work.

Justice Rangiah ordered that the 85 employees receive an average payment of $800 to $1,100, with one employee receiving $2,400, totaling $84,000 to be paid within 28 days. Additionally, he mandated that $15,000 be paid to the union.

Patrick Turner, a principal employment lawyer at Maurice Blackburn Lawyers, emphasized the importance of adhering to workplace laws. He stated that a request to work on a public holiday should initiate a discussion rather than conclude it. "The National Employment Standards state from the premise that an employee is entitled to be absent from their employment on a public holiday," he said. Turner added that while employers can request employees to work on holidays, such requests must be reasonable. "If your boss is requiring you to work on a public holiday, they'll need to think again," he warned.