Andrew Forrest’s Fortescue Metals Group hit with sexual harassment class action

Thousands of women could be eligible to join a new Fortescue class action into sexual harassment and sexism in the resources sector following a similar legal battle against giants BHP and Rio Tinto.

Fresh action against mining billionaire Andrew “Twiggy” Forrest’s company Fortescue was filed by Brisbane-based law firm JGA Saddler on Thursday. It has been backed by international litigation funder Aristata Capital.

Special counsel Paris Hamrey told The West Australian JGA Saddler had heard serious reports of gender-based harassment, systemic discrimination, and a toxic workplace culture at Fortescue mine sites.

It included the normalisation of inappropriate, sexually suggestive comments, gender bias, undermining, retaliation and pregnancy discrimination.

Fortescue bosses would have anticipated the case after it was taken to the Human Rights commission and terminated prior to being lodged in the Federal Court in Melbourne.

Testimonies included those of a woman who said she was hunted through bushland after telling colleagues she was going to the toilet on a remote site and another who was issued a deed of release just hours after telling management she was pregnant.

Others stories include women saying they had their underwear stolen by men from the communal laundry, and also examples given of being subject to sexual remarks while preforming regular tasks on sites.

It comes after the same law firm launched a class action into the treatment of women on BHP and Rio Tinto mine sites in late December 2024.

“How this case against Fortescue came about is that in the course of speaking to the 1000s thousands of women that have come forward in Rio and BHP — time and time again they were telling us that Fortescue was just as bad, if not worse,” Ms Hamrey said.

“It just kept coming up, so we’ve decided to try and seek some compensation for the women at Fortescue as well.”

Due the nature of FIFO workers frequently working across multiple sites and companies during their careers, Ms Hamrey said it would be likely that a lot of women would be eligible for all ongoing class actions.

“We expect a large number of women that will be in multiple of the class action. It is completely open for the women to sign up for all three class actions if they worked at all three mining companies,” she said.

Fortescue has been contacted for comment.

Many of the women taking part, including the lead applicants, have requested the Federal Court redact their names.

It comes after an investigation by The West Australian prompted a landmark parliamentary inquiry into the issue, which unearthed hundreds of cases and led to the 2022 “Enough is Enough” report.

If you or someone you know needs help, contact 1800 RESPECT (1800 737 732), or Sexual Assault Counselling Australia on 1800 211 028, or Lifeline on 13 11 14.