ARTICLE · 10 JANUARY 2023

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No remedy for mine workers who lost jobs after refusing to move interstate

Hall Payne Lawyers

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Costs of relocation were not relevant in these unfair dismissal claims, when relocation was authorised in the contracts.

AustraliaEmployment and HR

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A Full Bench of the Fair Work Commission has upheld the actions of a company which directed its employees to relocate interstate or have their employment terminated: Bourke & Clifford V OS MCAP [2022] FWCFB 178.

Background facts

OS MCAP is a subsidiary of BHP and provides services at BHP-owned mines around Australia. The employment contracts of certain OS MCAP employees specify that they can be required to work at multiple sites around Australia.

In 2021, OS MCAP notified its employees that their services at the Mount Arthur Coal Mine in NSW would be discontinued. However, employees were advised that their employment with OS MCAP would continue at another worksite. Employees were invited to express their preference of worksite, but available locations were generally in Queensland and South Australia. Employees were also told that if they did not wish to relocate, they could resign.

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