BHP’s High Court Bid on Pay Rejected

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Mineworkers Secure Pay Rises

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. This decision ends BHP’s attempts to overturn earlier decisions by the Fair Work Commission and Federal Court, which confirmed labour-hire workers performing the same jobs as permanent employees must receive equal pay.

Following these rulings, more than 2,000 mineworkers at BHP’s Goonyella Riverside, Peak Downs, and Saraji mines in Central Queensland, including those employed by BHP’s Operations Services (OS) arm, have received long overdue pay rises. These increases, ranging from $20,000 to $30,000 annually, came into effect in September 2025.

The High Court‘s rejection of BHP’s appeal means the company must also pay the Mining and Energy Union’s (MEU) legal costs. This outcome is a significant victory for workers against labour hire rorts.

Impact on Labour Hire Practices

Mitch Hughes, MEU Queensland President, stated, “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.” This victory is seen as a significant win against labour hire rorts.

MEU General President Grahame Kelly commented, “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.”

The MEU plans to continue its work to ensure these laws are applied wherever workers face wage undercutting. The decision sets a precedent for fair compensation and reinforces the importance of wage justice in the industry.

This ruling is expected to influence other companies utilising labour hire practices to avoid paying fair wages. Employers are advised to take note of this outcome as ‘Same Job, Same Pay’ becomes a more robust standard in Australia.

Last updated: 10 April 2026, 1:19 am

Daniel Rolph
Daniel Rolphhttp://melbourne-insider.au/
Daniel Rolph is the editor of Melbourne Insider, covering hospitality, venue openings and events across Melbourne. With over 15 years’ experience in marketing and media, he brings a commercial, newsroom-focused approach to accurate and timely local reporting.
Daniel Rolph
Daniel Rolph is the editor of Melbourne Insider, covering hospitality, venue openings and events across Melbourne. With over 15 years’ experience in marketing and media, he brings a commercial, newsroom-focused approach to accurate and timely local reporting.