Hays Class Action

Adero Law filed a class action against Hays in December 2018 on behalf of Hays employees who were employed on casual terms of engagement. The class action claims that production and engineering employees were improperly employed on a casual basis and should be paid out annual leave entitlements for the period they worked for Hays under the Black Coal Mining Industry Award upon termination.

Class Action Coverage

You may be a group member in the Hays Class Action if you worked in a mining production and engineering role under a Hays contract on casual terms of engagement between 21 December 2012 and 29 September 2022.


Following the 2021 High Court of Australia decision in Workpac Pty Ltd v Rossato and changes to the Fair Work Act 2009 since the Hays Class Action commenced, Adero Law reduced the scope of the claim in the Class Action. Adero Law filed amended pleadings in August 2022, narrowing the claim to cover annual leave entitlements not paid to Production and Engineering Employees under the Black Coal Mining Industry Award.


Group members should receive a notice of the proposed settlement which contains a registration form and objection to settlement form from the Court by letter or by email in December 2023 providing an update on the Hays Class Action. The deadline to register for and/or object to the proposed settlement closes on 29 January 2024.


The Notice on the Proposed Settlement, orders made by the Court on the proposed settlement and the amended pleadings are available under Case Materials.

Case Materials

Notice to Group Members on Proposed Settlement (PDF)

Orders made by Court on Proposed Settlement (PDF)

Amended Originating Application (PDF)

Amended Statement of Claim (PDF)

Amended Defence (PDF)

Reply (PDF)