Are you a casual worker in the black coal mining industry?

We are investigating several labour hire companies at multiple mines across Australia for underpayment of wages and misclassification of workers. Workers are engaged as casuals but they are doing the same job as permanents and working the same rosters as permanents. Find out if you have also been underpaid now!

Latest News
  • 27 June 2018: Mining — On 27 June 2018, Adero filed claims against Chandler Macleod & TESA
  • 6 September 2018: Stellar — Individuals who worked for Stellar between 2012-2015 may have a claim. Get in contact!

We want to hear your story!

Who did you work for and what happened? Upon submission, our team of lawyers will be in contact with you to see whether you have a claim.

Coal Mines in NSW & QLD

We have commenced court proceedings against Chandler Macleod and TESA at the Mt Arthur coal mine in NSW. We are also intructed to bring claims on behalf of casual miners against WorkPac, One Key, Stellar, Hays, TESA (Programmed) and Skilled (Programmed) throughout NSW and QLD.
It is clear that the Black Coal industry has made it an industry practice to casualise its workers and create a two-tier workforce. If you work or have worked for a labour-hire company in the black coal mining industry, We want to hear your story!

Coal Miner Class Action FAQ’s

No. The litigation funder will cover legal fees on a no win/no fee basis regardless of the outcome of the case. You will not have to personally pay Adero Law or the litigation funder any monies unless you are successful, in which case the only money you will pay to the funder will come from any successful outcome you receive. You will not have to pay anything more than what you receive.

Yes. Only the lead claimant will be named in the class action. Your name will not be made public unless you have specifically consented.

We need the support of Australia’s casual miners to run this case. We have had 1,100 registrations of interest and require more to make a better impact.

Whilst individual circumstances will vary, Adero has undertaken due diligence across a number of comparable black coal mining class actions in relation to likely damages calculations. The amount of underpayment varies depending on the claim being brought, such as a breach of the enterprise agreement or a breach of the National Employment Standards, and the hourly rates used.

Adero will make every effort to recover all potential underpayment owing to class members. Class members should be aware that the recovery of any underpayment will be subject to terms of the funding agreement, which provides for a return on investment to the funder. For more information on the terms of the funding agreement, please request an FAQ Sheet by email at miners@aderolaw.com.au or by contacting (02) 6189 1022.

No. Your employer cannot sack you for participating in the class action. This will amount to an adverse action. Moreover, your name will not be disclosed without your express consent. This means that your employer cannot know you joined the action unless you tell them, you tell someone else or instruct us to disclose your name. We do not identify our clients, not even to other members of the action.

No. The litigation funder will cover legal fees on a no win/no fee basis regardless of the outcome of the case. You will not have to personally pay Adero Law or the litigation funder any monies unless you are successful, in which case the only money you will pay to the funder will come from any successful outcome you receive. You will not have to pay anything more than what you receive.

The labour hire companies will only know the identity of the lead claimants in the action and those witnesses who have already been notified.

No. The Fair Work Act 2009 (Cth) s 340 prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish you in any way for joining the class action. If you believe this has happened to you, contact us at Adero Law and we will promptly investigate.

We require as many people as possible to sign up and show their support for this class action. Help us to fight for what you are owed.

No. Both members and non-members are encouraged to join so that we can win back the entitlements that are owed to everyone.

If our action is successful, the way labour hire is used in the industry will most likely change. You and your colleagues have a chance to receive entitlements that reflect the work that you do.

No. Paying employees their rightful entitlements will not ‘cripple’ the industry causing job losses and mine closures. As long as there is demand for coal, there will be equal demand for mining employees.

Yes. Our claimants include current and past workers.

Listen to Adero Law’s Rory Markham speaking with 2NM Muswellbrook’s Jessica Rouse about the class action.