On 27 June 2018, Adero Law filed class actions against both TESA Mining and Ready Workforce, among others, alleging that they both misclassified workers at the Mt Arthur mine site as ‘casual’ employees, rather than ‘permanent’ employees.

Each of the class actions have been brought by Simon Turner as the lead applicant seeking compensation not only for himself, but potentially thousands of coal mining workers in the same or similar circumstances to him.

Each of the class actions allege that although Mr Turner and group members were employed by labour hire providers as ‘casual’ employees, they were, in reality, ‘permanent’ employees as they were working to long-term rosters, and their employment had other hallmarks of permanent employment. Due to that misclassification, it is alleged Mr Turner and the group members are owed unpaid annual and personal leave entitlements, and other employment entitlements, which they now claim from the respective labour hire providers.

The class actions are being case managed together by a single Judge and are progressing through the Court process. In December 2018, Mr Turner filed an Amended Statement of Claim, and the respondents have recently filed their defences and cross-claims. Further orders will be made by the Court to progress each of the class actions in due course.

It is clear that the black coal industry has made it common practice to casualise a large part of its workforce. This has the effect of creating a two-tier workforce. Potentially thousands of workers are eligible to join the class actions and fight for compensation.

“Adero is bringing the fight to big mining. The industry is failing its employees at a time when it is making the fattest profits. You’ve been told to wait for that permanent shirt, but permanent gigs left this industry five years ago. You now earn less money than miners were getting 15 years ago – but people stay silent and pretend that it’s normal. It is not normal for a casual worker to be paid substantially less than a permanent employee. It is not normal for one worker to earn up to $75,000.00 more per year than another worker doing the same job, on the same roster – just wearing a different shirt. I know you fear for your jobs, but waiting and fearing leads to nothing. Without you, there’s no industry, and no profit. We have got to stop this happening to your family, your community and your career. It’s time to take this fight head on!” – Rory Markham, Adero Law’s Managing Principal.

Adero Law encourages anyone who worked for Ready Workforce or TESA Mining at the Mt Arthur mine site, to a long-term roster, any time during the six years prior to 19 December 2018 to register for these class actions.

Please contact Adero Law via the “Register Interest” button to receive further information about your options and legal rights.