Groped at the gym, underwear stolen: Harassment allegedly rife at Fortescue’s mines

Australian mining giant Fortescue is facing a class-action lawsuit from female employees who allege widespread sexual harassment and assault against them and other women at the company’s remote fly-in, fly-out work sites.

The alleged conduct ranges from serious sexual assault to day-to-day cat calling and hostility because of their gender, according to court documents filed in Melbourne on Thursday.

In the claim, women report men stealing their underwear from public laundries and being unable to go to the gym because men touch them inappropriately.

The class action was filed in the Victorian registry of the Federal Court by law firm JGA Saddler and is backed by UK litigation funder Aristata. It alleges widespread sexual harassment, sexual violence and sex discrimination at the company’s sites.

Fortescue, whose founder and biggest shareholder is mining billionaire Andrew “Twiggy” Forrest, is one of Australia’s largest mining companies, operating multiple mine sites in Western Australia’s iron-ore-rich Pilbara region.

A Fortescue spokesman on Thursday said it would be inappropriate to comment on potential claims or allegations because proceedings had not yet begun.

But he stressed that Fortescue was committed to providing a safe, respectful and inclusive workplace for all employees and contractors.

“Sexual harassment, unlawful discrimination and other behaviour that makes people feel unsafe, have no place at Fortescue,” the spokesman said.

A statement from JGA Saddler includes 45 testimonials from women describing incidents of alleged sexual harassment or assault while working on the company’s remote mining operations.

They include one female Fortescue employee who had spoken to the law firm, who reported a man pulling her into a dark alley and trying to “stick his tongue down my throat”, while another woman said she had arrived home one night to find a random man in her room.

In another instance, a woman who had to ask male co-workers to blow into breathalysers as part of on-site health and safety protocols said she would receive comments such as, “I’ll blow wherever you want me to”.

Another woman said if she dropped something on the ground during her shift, men would say: “Baby girl, while you’re down there …” .

JGA Saddler filed two other separate class actions against Rio Tinto and BHP in 2024 alleging harassment and sex discrimination against female employees, which are still before the courts.

Rio Tinto commissioned an independent report that found in 2022 sexual harassment was widespread among its fly-in, fly-out workers. A parliamentary inquiry uncovered similar allegations at BHP in 2021.

JGA Saddler lawyer Paris Hamrey said when the firm spoke to thousands of women who worked for Rio Tinto and BHP, Fortescue’s worksites were often mentioned as being unsafe for women.

“One of the most disturbing regular reports is women on Fortescue worksites being warned against washing their underwear in on-site laundries because theft of female underwear is rife. It is horrendous to think mining women should have to worry about what should be a mundane task. Aside from a violation, it raises concerns about escalation of offending and highlights safety risks to female staff,” Hamrey said.

“There have been reports of sexual assault, violence and retaliation, especially when female staff reject sexual advances. We have heard from women who have lodged complaints about unacceptable behaviour but are then dismissed, demoted, silenced or blacklisted from the industry,” she said.

The law firm has requested that the Federal Court redact all names in its filings to allay concerns for the personal safety of its two lead applicants.

Employers like Fortescue and other companies are liable under the Sex Discrimination Act if they “permit” a woman to work in an environment where they are likely to be exposed to sexual harassment and discrimination.

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