If you are a former or current female employee of Fortescue Metals Group and believe you may have a claim click 'Register' now and follow the prompts.
RegisterOn [filing date], a class action proceeding was commenced in the Federal Court of Australia against Fortescue Metals Group (FMG), its related subsidiaries and their contractors alleging that they are vicariously liable for failing to protect their former and current female employees from experiencing sex discrimination, sexual assault and/or sexual harassment during the course of their employment from 1 February 2006 to [filing date].
Our class action will address these long-standing issues and seek compensation owed to thousands of Australian women.
FMG is a global metal mining company headquartered in Australia. FMG are primarily focused on iron ore mining. In Australian in 2024, FMG had over 12,000 employees and reported that approximately 23% of their workforce were female.
Over the last several years, there have been various reports and inquiries into sexual harassment in the mining industry.
In 2021, the Western Australia government conducted an inquiry into the fly-in, fly-out (FIFO) industry and shone a light on a plethora of inappropriate behaviours against females.
The stories heard during the Inquiry match the various sorts of behaviours commonly described as sexual assault or sexual harassment. Some of the evidence provided to the committee shared harrowing stories of women in the industry:
'I have been asked how many men I’ve slept with, do I shave, have I ever slept with another women and if so how many?'
'Sleeping in my donger, woken by a workman opening my door to do ‘cleaning/repairs’. Very common for everyone on site but far from appropriate and is predatory'
'When I was on site, I often received comments like ‘what is your room number’, I would receive text messages from married men on my crew asking me to go to their room and give them a massage, I would get men knocking on my door in the middle of the night, and hear stories that men will take your underwear from the washing machine'
In 2020, FMG disclosed there were 31 allegations of sexual harassment in their Western Australia mines. Reports of sexual harassment at FMG have been rising. However, these statistics severely understate the true of extent of sexual harassment at FMG.
In order to register your interest to participate we require:
Your full name;
Your best contact number;
Email address;
Postal address; and
Some brief details about your employment at FMG.
We also ask that you inform us of your current or former employment details such as whether you were full-time, part-time, a contractor or sub-contractor, the entity who employed you and the dates of your employment.
A member of our team will contact you over the phone, at a time convenient for you to discuss the details of your potential claim, as soon as possible.
If you are a current or former female employee of FMG or any of its related subsidiaries and believe you have experienced sex discrimination, sexual assault and/or sexual harassment by another FMG employee or contractor during the course of your employment please register with us to participate now.
A class action is a group proceeding comprised of seven or more people who have been wronged by an individual or corporation or government. These claims generally arise out of similar circumstances that allow the group an opportunity to be heard based on common issues of law or fact. These proceedings are often commenced by one lead litigant on behalf of the group.
The class action has been filed in the Federal Court of Australia New South Wales Registry against the Commonwealth, on behalf of all current and former female employees, who experienced sexual assault and/or harassment in connection with their employment at any time on or after 1 February 2006 to [filing date].
If you believe you have been affected by these issues, then you may be entitled to compensation and should register your details above.
Yes. We encourage all former employees who believe they have been affected by these issues to register their interest with us. All of your information will remain confidential and will not be shared publicly at any stage of the class action.
The definition of discrimination on the grounds of a person's sex, pregnancy or potential pregnancy, or family responsibilities is contained within the Sex Discrimination Act 1984 (Cth). The following examples may include:
Withholding female employees promotions or training opportunities due to pregnancy or potential pregnancy or family responsibilities.
Purposefully not hiring a woman in fear of disrupting or upsetting a male dominated industry or role.
Supervisors or Superintendents holding a personal preference for working with either men or women.
The definition of sexual harassment is contained within the Sex Discrimination Act 1984 (Cth). However, the following examples may be considered in the class action:
Unwelcome sexual advances
Unwanted repeated requests for dates
Unwelcome requests for sex or sexual favours
Unwelcome entry into a person’s accommodation, either with or without a person present
Stalking
Suggestive or explicit sexual jokes
Unwanted attention of a sexual nature such as staring or leering
Inappropriate sexual comments
Intrusive discussions about yours or another person’s private life
Sexually explicit materials such as posters, magazines or screen savers displayed, shown or sent to you
Taking inappropriate or sexually suggestive photos or videos of you without your consent
Unnecessary familiarity, such as unwelcome touching of another person’s body or clothes
Unwelcome massages
Unwanted hugging, patting, touching or rubbing/pressing oneself sexually against another person
Pressuring, manipulating or scaring someone into performing a sexual act
Attempted sexual assault, abuse or rape
Sexual assault, abuse or rape
If you are still unsure or believe you have experienced sexual harassment that is not listed, please still register your details with us above. A member of our team will contact you over the phone, at a time convenient for you to discuss the details of your potential claim, as soon as possible.
The class action is being funded by Aristata on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Aristata will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.
There are no costs involved for group members who wish to take part in the class action. Group members do not have to pay anything in the event that the class action is unsuccessful, as Aristata agrees to pay any legal costs that might be awarded to the FMG.
No. Group members do not have to pay anything in the event that the class action is unsuccessful, as Aristata agrees to pay any legal costs that might be awarded to the FMG or any other respondents.
Unfortunately, we are unable to provide a timeframe of how long the class action will take to resolve. Our objective will always be to act in the best interests of the group to ensure any resolution reached would be fair for all.