The experience of an ex-employee from Muswellbrook's Mount Arthur Coalmine will form the cornerstone of an estimated $40 million lawsuit launched today against BHP.
Lead Claimant, 47-year-old Simon Turner was injured during a workplace accident in the middle of December 2015 where the truck he was operating was hit by a coal excavator.
"There was very dusty, fine coal and the coal dust impaired the vision of the digger operator, who couldn't see me," Mr Turner said, "and he hit me with the bucket... it nearly put me through the window."
Because Mr Turner was appointed as a casual employee by labour-hire company, Chandler Macleod, he's not being offered fair compensation despite being left totally incapacitated.
Canberra firm, Adero Law will lead the class action involving 800 Mount Arthur Coal workers, who claim they've worked a predictable roster, like permanent staff, but aren't getting the same leave and entitlements.
Lawyer, Rory Markham visited Beresfield to launch the action today and said the case is based on claimed breaches over six years to the Black Coal Industry Mining Award 2010 and the Fair Work Act 2009.
"This is an historic moment for us as a firm and for the people of Newcastle, to be able to get the resources for a class action to say 'this casualisation is causing harm to our workers and communities,'" Mr Markham said.
Simon Turner said mining companies mislead workers by claiming they'll gain permanent employment one day.
"You're always dangled a carrot that you'll get a permanent job, whether it be BHP or Glencore, whoever," Mr Turner said, "that's the magical carrot which gets dangled in front of everyone...'turn up to all your shifts, don't have any time off...you might have a permanent job sometime.'"
Casualisation appears to be increasing nationwide, with latest statistics revealing 40% of employees at mining companies are now classified as casual.
It's unsurprising then, that at least 800 Mount Arthur workers will be represented in the class action, to be heard in the Federal Court of Australia against BHP, Chandler Macleod and TESA.
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| Lead Claimant, Simon Turner. Image: AAP. |
