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BSA Limited Class Action

If you are a telecommunication technician who worked for BSA Ltd under a sub-contracting arrangement, you may actually be an employee and owed statutory entitlements such as superannuation, minimum wage and annual leave.

Shine Lawyers has commenced a class action against BSA alleging it misrepresented the true nature of its relationships with telecommunication technicians and denying them of their rightful employment entitlements. We believe they should be fairly compensated.

What is the BSA Limited Class Action about?

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. If found to be employees, technicians may be owed the following statutory employment entitlements:

  • Minimum wage
  • Annual and long service leave
  • Overtime
  • Superannuation
  • Other payments under the Fair Work Act (2009) and Telecommunications Services Award.

Am I eligible to join this class action?

See eligibility criteria

Can I join the BSA Limited Class Action?

To be a part of this 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 date.

If you answered yes to the above, you may be entitled to compensation and you are encouraged to register for the BSA Limited Class Action.

How to register for the BSA Limited Class Action

To register for the BSA Limited Class Action on a no-cost, obligation-free and completely confidential basis, please click the ‘Register Now’ button below and fill out the registration form.

If you have any questions or require any assistance in registering for the class action, please contact our BSA Limited Class Action team on 1800 325 172.

Case Documents

Originating ApplicationStatement of ClaimDefenceReplyCross Claims

Who is Shine Lawyers’ Class Action Team?

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

Common Questions

Joining the class action will cost you nothing. A litigation funding company called Litigation Lending Services Ltd (LLS) will pay the costs of the action in addition to any of the Respondents’ costs that the court orders to be paid. In return LLS will seek the court’s approval to deduct the costs it has paid as well as a success fee from any settlement amount or judgment amount in the event of a successful outcome. Further details of the litigation funding arrangements will be provided to group members in due course.

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.

At this stage, it is impossible to provide an accurate figure of what each group member can expect to receive. It is believed telecommunication technicians who worked with BSA from 2003 to date may be able to claim the following against BSA:

  • Employee entitlements under the Fair Work Act and relevant Award;
  • Expenses incurred as a result of BSA’s misrepresentation; and
  • Monetary penalties.

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.

Upon completing your registration, you will receive important updates from your legal team to ensure you are kept informed of how the case is progressing.

As class actions are filed by the ‘Lead Applicant/s’ on behalf of a group of people, they will play an active role throughout the legal journey, whereas Group Members generally play more of a passive role.

Every class action is unique, however the class actions process will generally unfold in similar stages. Due to the nature of class actions, the first stage of the proceedings can take between twelve months to three years or more from its commencement. Unless a settlement is reached, the first stage will only resolve the Lead Applicant’s claims and the common issues of the proceedings, with group member claims to be resolved individually thereafter. As a registered Group Member, you may also be contacted by your legal team from time to time with:

  • Updates on important case milestones that require your action
  • Requests for information or documents to help build the case and assess your individual claim.