Adero Law filed a class action in the Federal Court on 21 December 2018 against labour hire company Stellar for the misclassification of workers and underpayment of employment entitlements on behalf of claimants working at various Black Coal mining sites in Queensland and New South Wales. If you have been employed as a casual by Stellar at any time since 21 December 2012, and work or worked at a Black Coal mining site in accordance with a long form roster, it is not too late to join this action.
On 21 December 2018, Adero Law filed a class action lawsuit against Stellar Personnel Pty Ltd, Stellar Recruitment Pty Ltd (Stellar) and one of its directors, alleging that Stellar misclassified its workers as ‘casual’ employees, rather than permanent employees with the appropriate statutory entitlements.
The class action against Stellar has been brought by Ms. Tania Kelehear, on behalf of herself and hundreds of coal mining workers in the same or similar circumstances to her (claimants).
The claimants allege that although they were employed by Stellar as ‘casual’ employees, as they were working to long-term rosters, they were in reality ‘permanent’ employees. Due to that misclassification, the claimants are owed unpaid annual and personal leave entitlements, which they now claim from Stellar.
The class action is being managed by the Honourable Justice Murphy of the Federal Court. The first case management hearing was on 1 April 2019 and the next case management hearing has been listed for 21 June 2019. At that time, we expect that the Court will make orders for the progress of the class action through the Court process.
It is clear that the Black Coal industry has made it common practice to casualise a large part of its workforce, to create a two-tier workforce. Many hundreds of workers are eligible to join the class action 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 Stellar at a Black Coal mining site, to a long-term roster, from 21 December 2012 to register for this class action.
Please contact Adero Law via the “Register Interest” button to receive further information about your options and legal rights.