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Mr Simon Turner was an employee of Chandler Macleod, a labour hire company, and worked as a coal miner at the Mt Arthur coal mine in the Hunter Valley.  The mine owner BHP and his employer called him a casual, even though he worked on the same long-term coal production roster and had the same duties and responsibilities as BHP’s permanent full-time workers doing the same job.

After being severely injured onsite, Simon discovered that he was not getting workers’ injury compensation, accident pay and other entitlements that are part of the Black Coal Award.

In fact, his employer did not even classify Simon as a coal miner and instead classified him as office administration, apparently to lower the workers’ compensation premiums. Simon lost all the benefits of the Black Coal Mining Award, including workers’ injury compensation.

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