In a landmark ruling, the Fair Work Commission has backed Same Job Same Pay at BHP’s Saraji, Peak Downs and Goonyella Riverside coal mines.
The decision will deliver around $30,000 more per year to almost 2,000 labour hire workers at the three mines.
These workers have been performing the same duties, under the same conditions, as directly employed workers but on significantly lower pay.
This decision is the biggest win yet under Same Job Same Pay laws. Importantly, it includes BHP Operations Services, confirming that the in-house labour hire model has been used to undercut permanent wages.
Same Job Same Pay took effect at the three mines in September 2025. BHP tried to challenge the orders that legally require them to match the pay of permanent employees, but the court found in our favour meaning that pay rises took effect from that date.
While they were unable to delay the pay rises from taking effect, BHP was still committed to appealing the original decision, taking it all the way to the High Court. In April 2026, the High Court rejected BHP’s application for special leave to appeal earlier Same Job Same Pay rulings. That decision by the High Court has brought an end to BHP’s legal avenues to appeal Same Job Same Pay.
This case set a major precedent for other Same Job Same Pay applications and sends a clear message: If you do the same job, you deserve the same pay.
FAQ
The ruling applies to workers employed at BHP’s Saraji, Peak Downs and Goonyella Riverside coal mines by:
- Workpac
- Chandler Macleod
- BHP Operations Services (OS) – Production and Maintenance
At this stage, only the order covering OS workers is being challenged, meaning pay rises for Workpac and Chandler Macleod workers at the mines should kick in on 14 November.
The Fair Work Commission handed down the ‘Regulated Labour Hire Arrangement Orders’ covering OS, Chandler Macleod, and Workpac on 26 August. In issuing these orders, the FWC has set 14 September as the date they come in to effect.
BHP is seeking to delay the pay rise date and challenge the orders for OS Production & Maintenance employees. The MEU is arguing that the pay rises should not be delayed and OS workers should be paid during the term of BHP’s appeal, but this needs to be settled in the courts.
BHP’s appeal covers OS Production & Maintenance employees only, meaning Workpac and Chandler Macleod employees will begin to receive pay rises from 14 September, unless the scope of the appeal is expanded to include these companies.