The High Court of Australia has today refused BHP's application for special leave to appeal the landmark same job, same pay rulings covering thousands of Queensland mineworkers.
The decision brings to an end BHP's attempt to overturn earlier decisions by the Fair Work Commission and Federal Court which confirmed labour-hire workers performing the same job as permanent employees must receive the same pay
These rulings have already delivered long overdue pay rises of around $20,000 to $30,000 a year for more than 2,000 mineworkers across BHP's Goonyella Riverside, Peak Downs and Saraji mines in Central Queensland, including workers employed by BHP's Operations Services (OS) arm. These pay rises came into effect in September 2025.
BHP had applied to the High Court for leave to challenge Same Job Same Pay for its OS maintenance and production workforce. Leave to appeal was rejected and BHP must pay the MEU's legal costs in the matter.
The Mining and Energy Union said today's High Court decision was an important victory for workers against BHP and labour hire rorts.
MEU Queensland President Mitch Hughes said: "BHP has thrown everything it could at this case – the Commission, the Federal Court and now the High Court. Workers have won at every stage.
"BHP OS workers no longer have the threat hanging over them of BHP winding back their Same Job Same Pay pay rises. This decision is a final nail in the coffin for the labour hire loophole that saw BHP outsource workers to its own subsidiary in order to pay them less."
MEU General President Grahame Kelly said that today's decision was good news for workers across the coal mining industry.
"As Same Job Same Pay laws are applied across the industry there are some legal challenges ahead. However today's decision by the High Court is a strong and welcome sign that the intent of these laws to deliver wage justice is being upheld.
"Employers throwing money at lawyers to challenge Same Job Same Pay on their worksites should pay attention. Companies cannot avoid paying workers fairly simply by using labour hire rorts. Same job, same pay is here to stay."
The MEU will continue its work to ensure the laws are applied across the industry wherever workers are being undercut.
