Business

Fortescue faces class action over alleged systemic harassment at WA mines

Andrew Forrest’s iron ore miner is the third major mining company targeted by JGA Saddler in a series of lawsuits alleging widespread sexual harassment and violence against female workers.

Author
Owen Mercer
Markets and Finance Editor
Published
Draft
Source: The Guardian Business · original
Business
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Legal action filed in Federal Court seeks to determine liability for workplace culture failures spanning two decades

Fortescue Metals Group is facing a class action lawsuit in the Federal Court of Victoria, alleging systemic sexual harassment, violence, and retaliation against female workers at its remote Western Australian mine sites. The legal action, filed on Thursday by law firm JGA Saddler and backed by UK litigation funder Aristata Capital, covers the period from 2006 to 2025.

The case seeks to determine whether Fortescue is liable for failing to protect female staff from discrimination and sexual harassment. Specific allegations presented in court include a woman being pulled into a dark alley where a man attempted to force oral sex, another employee finding a male stranger in her accommodation room, and a third claimant reporting being “howled” at by male colleagues in a communal eating area.

JGA Saddler special counsel Paris Hamrey highlighted reports of theft of female underwear from on-site laundries, noting that women are advised against washing their underwear on-site due to the prevalence of theft. Hamrey stated that the allegations ranged from serious sexual assaults to day-to-day microaggressions, describing the situation as a failure of culture in the sector.

Fortescue’s iron ore mines are located in remote parts of Western Australia, utilising a large fly-in, fly-out workforce that resides in on-site accommodation villages during weeks-long rosters. The litigation is designed to test whether the company failed in its duty of care, exposing workers to discrimination and harassment over nearly two decades.

A spokesperson for Fortescue declined to comment on the specific claims before proceedings began, reiterating the company’s commitment to a safe, respectful, and inclusive workplace. The spokesperson stated that sexual harassment and unlawful discrimination have no place at the company, but noted it would be inappropriate to comment further while the case is active.

This marks the third class action filed by JGA Saddler against major mining companies, following similar claims against BHP and Rio Tinto. Those cases remain before the courts, with Hamrey arguing that the lawsuits highlight a sector-wide issue requiring companies to strengthen policies and enforce them more rigorously.

The allegations are unproven claims made in a legal filing, and liability has not yet been established by the court. The scope of the class action and the number of affected workers are not fully detailed in the source material, and Fortescue’s internal response to these specific allegations remains undisclosed.

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