Class Action Filed Against Fortescue Metals Group Over Sexual Harassment Allegations
A landmark class action lawsuit has been filed in the Federal Court of Australia against Fortescue Metals Group (FMG) by female employees who allege they experienced sexual harassment, sexual assault, and discrimination at the company's remote fly-in, fly-out work sites in Western Australia's Pilbara region.
Filing and Representation
The lawsuit was filed in the Federal Court's Victorian registry on Thursday by law firm JGA Saddler. The legal action is backed by UK litigation funder Aristata Capital. It covers allegations spanning from 2006 to 2025.
JGA Saddler is representing the claimants and has filed similar class actions against BHP and Rio Tinto in the past two years.
Allegations
"Women being pulled into dark areas and subjected to unwanted physical advances."
The court documents allege a range of conduct, including serious sexual assault, sexual violence, rape, stalking, and sex discrimination. Specific incidents reported in the filing include:
- Women being pulled into dark areas and subjected to unwanted physical advances
- Female employees finding male strangers in their rooms
- Women being subjected to catcalling and being "howled" at by male colleagues
- Theft of female underwear from on-site laundries, with women being warned against using these facilities for safety reasons
- Drinks being allegedly spiked with hand sanitizer
- Reports of women being told they needed to perform sexual favors for promotions
- Hostility based on gender, including threats of termination or being forced out of jobs after reporting misconduct to management
Legal Context
"Women who reported assault were often silenced or forced out when they reported misconduct."
Paris Hamrey, Special Counsel at JGA Saddler, stated that the allegations range from serious sexual assaults to microaggressions. She noted that women who reported assault were often silenced or forced out when they reported misconduct. Hamrey also stated that the lawsuits indicate a cultural failure in the mining sector.
The class action tests whether Fortescue is liable for failing to protect female workers from discrimination and sexual harassment.
Company Response
A Fortescue spokesperson said it would be inappropriate to comment before reviewing the claims in the proceedings. The company reiterated that sexual harassment has no place at the organization. The company also noted that it has completed training mandated by WorkSafe WA.
Fortescue stated that it is committed to providing a safe workplace and has invested $300 million in site security upgrades, including deadlocks, CCTV, and lighting.
Background and Context
Fortescue operates iron ore mines in remote areas of Western Australia with a fly-in, fly-out workforce staying in on-site accommodation. In 2023, the company agreed to spend $1.4 million on addressing workplace behavior after failing to provide documents to the safety regulator regarding sexual harassment allegations.
"A 2022 Western Australian government report found that sexual harassment was widespread in mining camps and was often accepted or overlooked by executives."
Government Comment
Western Australian Minister Paul Papalia stated that reports of sexual harassment in the workplace are not acceptable. He added that the response to such behavior should not be driven solely by the government.