BHP has filed a special leave application to the High Court seeking to overturn a Federal Court ruling from March that the company's labour hire firm Operation Services had breached the Fair Work Act.
The Federal Court found the breach happened after Operations Services required employees at the Daunia mine in central Queensland to work on Christmas Day and Boxing Day in 2019, rather than asking if they would be willing to work on those holidays.
The company filed the special leave application in April, and while the appeal has been accepted by the court's registry, it has not been decided whether the leave has been granted.
BHP has argued the decision by the Federal Court would have implications for other industries that would require people to work on public holidays, such as emergency services and transport.
The CFMMEU brought the original case to the Federal Court, claiming Operation Services had breached the national employment standards in the Fair Work Act or the Black Coal Mining Industry Award.
A spokeswoman for BHP defended the workplace policies for its employees.
"BHP's Operation Services team provides stable, secure, permanent jobs for more than 4000 people who deliver maintenance and production services to our mining operations across Australia," the spokeswoman said.
"In addition to being permanent, well-paid positions above relevant awards, these roles come with a package of additional benefits, including annual, sick and parental leave, annual performance bonuses and access to BHP's employee share scheme."
Mining and Energy Union general president Tony Maher said the union would look forward to defending the decision in court, should the High Court grant leave.
Mr Maher said the Federal Court's decision was an important win.
"It has already led to changes in the way public holidays are rostered and paid in the mining industry, and led to a $430 million underpayment by BHP being identified," he said.
"We believe the full court determined the issue in a way that meets legal requirements under the National Employment Standards and community expectations about the significant role of public holidays in family and community life."
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