Update: Settlement Approval
On 13 December 2022, the Federal Court of Australia made orders approving the $20 million settlement of this class action. The court also made further orders in terms of the Settlement Distribution Scheme, including the deductions to be made from the settlement amount for legal and funding costs, and for the distribution time frame. Group members of the class action will share in over 65% of the settlement amount.
If you have any questions about the class action, please contact our BSA Class Action team via email at BSAClassAction@shine.com.au or phone 1800 325 172.
What is the BSA Limited Class Action about?
In the class action we allege that since 2003, BSA Limited was engaging in “sham contracting”. That is, BSA misrepresented their working agreements with technicians as being sub-contracting arrangements rather than employment. We further say that if found to be employees, technicians may be entitled to employment entitlements like wages, leave and superannuation.
Can I join the BSA Limited Class Action?
To be a group member in the BSA Limited class action you must:
Have been engaged by BSA Limited, either directly or via an intermediary (also known as a ‘Prime Contractor’) as an independent contractor, to provide services as a telecommunication technician;
Have worked for BSA in the period from 2003 to 23 July 2020.
Frequently Asked Questions
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
There must be 7 or more people that have claims against the same defendant; and
The claims relate to the same or similar circumstances; and
The claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the BSA Limited Class Action team
Shine Lawyers’ BSA Limited Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.