Landmark Class Action Against Fortescue Metals Group Over Alleged Widespread Sexual Misconduct
"Anyone who thinks this behaviour has a place at Fortescue is in the wrong company."
— FMG Executive Chairman Andrew Forrest, in an internal email to employees
A class action lawsuit has been filed in the Federal Court in Victoria against Australian mining company Fortescue Metals Group (FMG) by female employees alleging widespread sexual harassment, sexual assault, and sex discrimination at the company's remote fly-in, fly-out work sites in Western Australia's Pilbara region.
The lawsuit, filed on Thursday by law firm JGA Saddler and backed by UK litigation funder Aristata Capital, covers allegations from 2006 to 2025.
Lawsuit Details
The class action was lodged in the Federal Court's Victorian registry. JGA Saddler, the law firm representing the claimants, stated the lawsuit includes 45 testimonials from female workers. The legal action tests whether Fortescue is liable for failing to protect female workers from discrimination and sexual harassment.
Similar class actions have been filed by JGA Saddler against BHP and Rio Tinto, both of which remain before the courts.
Allegations
The lawsuit alleges a range of misconduct, including:
- Serious sexual assault and rape
- Day-to-day catcalling and hostility based on gender
- Stalking
- Being told to perform sexual favors for promotions
- Theft of women's underwear from public laundries
- Women being unable to use the gym due to inappropriate touching
- Drinks being spiked with hand sanitizer
- A woman being pulled into a dark alley where a man attempted to kiss her
- A female employee finding a male stranger in her room
- Women being "howled" at by male colleagues
- Women being warned against using on-site laundry facilities due to theft
The lawsuit also alleges that complaints to management led to threats or termination of employment.
Women alleging assault were often silenced or forced out when they reported misconduct.
Fortescue's Response
A Fortescue spokesperson stated it would be inappropriate to comment before reviewing the claims, but reiterated that the company is committed to a safe, respectful, and inclusive workplace.
The company noted it has completed training mandated by WorkSafe WA and has invested $300 million in site security upgrades, including deadlocks, CCTV, and lighting.
FMG Executive Chairman Andrew Forrest sent an internal email to employees on Friday addressing the lawsuit. In the memo, he described the allegations as "serious" and "disturbing." Forrest stated: "Anyone who thinks this behaviour has a place at Fortescue is in the wrong company." He added: "Losing your job is the beginning of the consequences, not the end." The memo indicated that employees engaging in such behavior may face termination and legal consequences. Forrest noted that the company first learned of the specific allegations through media reports.
Statements From Legal Representatives
Paris Hamrey, Special Counsel at JGA Saddler, stated that allegations range from serious sexual assaults to microaggressions. She reported that women alleging assault were often silenced or forced out when they reported misconduct.
Hamrey said the lawsuits indicate a cultural failure in the mining sector, with most women on remote sites experiencing some form of harassment or discrimination.
Industry and Government Context
A 2022 Western Australian government report found sexual harassment was widespread in mining camps and often accepted or overlooked by executives.
Western Australian Minister Paul Papalia stated that reports of sexual harassment in the workplace are not acceptable. He said the response to such behavior should not be driven solely by the government.
In 2023, FMG agreed to spend $1.4 million on addressing workplace behavior after failing to provide documents to the safety regulator regarding sexual harassment allegations.
FMG has reported that women comprise 50% of the board and approximately 25% of the workforce.