BHP and Rio Tinto's Confidentiality Agreements

By Melanie Burton

MELBOURNE (Reuters) – BHP and Rio Tinto have used confidentiality agreements to prevent female employees from discussing sexual harassment at work, according to a lawyer leading class action lawsuits against the miners in Australia.

Brisbane-based law firm JGA Saddler filed class actions against each mining giant this week, alleging widespread and systemic sexual harassment and discrimination at Australian mine sites. These actions could complicate matters further for both firms, which have struggled to rehabilitate their public image.

A 2022 review by the Western Australia state government of remote mining sites found that women frequently encountered sexual harassment and sexual assault. The mining industry has faced scrutiny for the destruction of Aboriginal heritage, mine fatalities, and environmental disasters recently as well.

Josh Aylward, lead litigator at JGA Saddler, mentioned they had spoken to hundreds of women and uncovered evidence of the extensive use of non-disclosure agreements (NDAs) in the mining industry. Some women expressed concern that these NDAs might hinder their ability to join the class actions.

BHP and Rio claimed they do not currently use NDAs concerning sexual harassment allegations. Aylward alleged that mining companies pressured vulnerable workers to sign agreements due to worries about job loss or blacklisting.

> "It's common practice," he said, emphasizing that other industries have moved beyond NDAs.

Rio Tinto stated it would not enforce any historical confidentiality clauses blocking employees from discussing their personal experiences. A representative for BHP referred to the company’s annual report, which noted that NDAs regarding sexual harassment claims were discontinued in March 2019.

Both companies assert they take allegations of sexual harassment seriously and are committed to eliminating such issues in the industry.

Angela Green, a former BHP employee, stated she plans to join the class action. She was allegedly terminated for falsifying a log book after reporting sexual harassment, a claim she denies. Green noted that she was offered compensation from BHP under the condition she signed a confidentiality agreement.

The court filings have yet to be made public. According to JGA Saddler, testimony from the lead applicant in the BHP case alleges serious misconduct, including being urinated on and sexually harassed via radio.

The Rio Tinto lead applicant reported receiving unsolicited sexually explicit messages and being passed over for job opportunities after making a complaint.

JGA Saddler requested that the court redact the names of lead applicants for safety reasons.

The lawsuits were filed at the Federal Court, where a judge will be assigned shortly to set hearing times, expected in February. The court will require both companies to contact all women who have worked for them since November 2003.

In its annual report, BHP recorded 471 reports of sexual harassment in the 2024 fiscal year globally, investigating 100 cases resulting in disciplinary action against 103 individuals. Rio Tinto also noted ongoing reports of rape and sexual assault incidents at its mines, revealing eight cases of actual or attempted sexual assault.