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BSA Limited Class Action

In February 2022 Shine Lawyers settled the BSA Limited Class Action, subject to Court approval. This means if you are a telecommunications technician who worked for BSA Ltd under a sub-contracting arrangement in the period from 2003 to 2020 you may be a group member.

The time to register to participate in the Settlement closed on 17 June 2022.


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.

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.

AND

  • Have worked for BSA in the period from 2003 to 23 July 2020.

Agreement reached to settle the class action

On 8 February 2022 Shine Lawyers, on behalf of the lead applicants and group members, reached an agreement with BSA to settle the BSA Limited Class Action, subject to Court approval.

The applicants will now take steps towards seeking to have the Settlement agreement approved by the Court on 8 July 2022. The Court will only approve the Settlement, including any costs and commissions, if it believes that the Settlement is fair and reasonable and is in the best interests of all group members.

If the Settlement is approved, the Court is also likely to make orders for a Settlement Distribution Scheme which will set out how the Settlement funds including costs and commissions will be deducted and distributed amongst group members. All eligible group members who have not opted out of the proceeding can participate in the Settlement.

The time to register to participate in the Settlement closed on 17 June 2022. If you have any questions about this including if you did not receive a Court approved Settlement Registration Notice, please contact us on 1800 325 172. We will communicate directly with group members to provide further information about their compensation entitlements.

Registration Closed

Registration for this class action has now closed however you are still able to provide / update your information and relevant bank details. If you have any questions about the class action, please contact our BSA Class Action team via email at [email protected] or phone 1800 325 172

If you have already registered with Shine Lawyers you do not need to take any further steps in order to participate in the Settlement. However, we require additional information from Group Members to confirm their eligibility. We request that Group Members refer to their recent correspondence from Shine Lawyers. If you no longer have access to this correspondence, please call us on 1800 325 172.

Case Documents

Further NoticeOriginating ApplicationStatement of ClaimDefenceReplyCross Claims

Shine Lawyers' BSA Limited Class Action Team

The BSA Limited Class Action Team includes some of the firm’s most experienced solicitors and support staff. The team includes:

Common Questions

A litigation funding company called Litigation Lending Services Ltd (LLS) have been paying the costs of the class action. In return LLS will seek the Court’s approval to deduct the costs it has paid as well as a success fee or commission from the Settlement amount before any distributions are made to group members. Further details are set out in the Court approved Settlement Notice.

Yes, your contact details will remain confidential. Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings. We will seek your consent before disclosing any of your personal information and before such disclosure is ordered by the Court.

If the Settlement is approved by the Federal Court, this will include a Settlement Distribution Scheme that will determine to whom compensation will be paid and how much each person is entitled to.

By 15 July 2022 we will provide registrants with an estimate of what they can expect to receive from the Settlement, if the Settlement is approved by the Court at the Settlement Approval Hearing on 8 July 2022.

Class actions take place in the Federal Court and State Supreme Courts of Australia. There are three criteria that need to be fulfilled for a class action to take place:

  • There must be 7 or more people claiming;
  • The claims must arise out of the same, similar, or related circumstances; and
  • The claim must relate to at least one common issue of law or fact.

Class actions in Australia work on an opt-out model. This means that all potential claimants become group members of the action whether they intend to participate or not. These group members are bound by the judgment of the Court or Settlement unless they opt-out. The group members in a class action are usually notified about the class action by order of the Court. Due to the size of each individual claim, the costs of running this action as an individual would quickly exceed the potential damages recoverable. As each group member’s claim involves many common questions of fact and law, running this action as a class reduces the average cost of litigation to a client by only addressing the common issues once at trial, instead of multiple times.