Read The Times Australia

Daily Bulletin

Stolen wages: Northern Territory class action will hold the Commonwealth to account

  • Written by: Thalia Anthony, Professor of Law, University of Technology Sydney

This article contains names and images of people who have passed.

On August 23 1966, Vincent Lingiari and his fellow Aboriginal stock workers walked off the Wave Hill cattle station in the Northern Territory. Their action, in pursuit of fair working conditions, wages and land, was supported by unions across the country, and lasted nine years – the longest in Australian history.

That remarkable struggle, known to many Australians through the song “From little things big things grow” by Kev Carmody and Paul Kelly, culminated in the federal government passing the Aboriginal Land Rights (Northern Territory) Act in 1976, which granted parcels of land to Aboriginal communities.

Less well-known, however, is the upshot of the station workers’ campaign for fair wages. That remains unfinished business.

Last week a class action claim was lodged in the Federal Court against the Commonwealth government seeking redress for the non-payment of wages to Aboriginal workers in the Northern Territory from the 1930s to the 1970s. This is the first class action on stolen wages against the Commonwealth, which administered the territory until 1978.

Aboriginal stock workers were excluded from being paid award rates until 1966, when the Commonwealth Conciliation and Arbitration Commission ruled they should be paid equal wages under the Cattle Industry (Northern Territory) Award 1951. Pastoral companies were given until 1968 to restructure their labour practices.

But this proved a limited win. Cattle stations never resumed the mass employment of Aboriginal workers, turning instead to motorised mustering techniques. Nor did they pay compensation for profiting from decades of low or withheld wages.

Stolen wages: Northern Territory class action will hold the Commonwealth to account The Aboriginals Ordinance 1918. National Library of Australia

In these practices the Commonwealth government was complicit through its 1918 Aboriginal Ordinance, which provided powers to territory officials (called “Aboriginal Protectors”) to govern all aspects of Aboriginal peoples’ lives, including their employment and wages.

Commonwealth complicity

The class action (filed in the Federal Court on June 10) seeks compensation from the Commonwealth for wages of Aboriginal workers in the Northern Territory held in trust accounts from 1933 to 1972 and never paid.

The action alleges the federal government breached multiple duties of care by using its powers to require Aboriginal people to work for no or inadequate wages through discriminatory laws in the Northern Territory.

Non-payment of wages to Aboriginal workers was widespread in Australia. It was especially prevalent on pastoral stations, and also occurred in the pearling industry and on government settlements and church-run missions.

Sometimes the money was put into a “trust fund”. Sometimes it was simply not paid, on the pretence the employer was providing rations, shelter, clothes or store credit.

Station worker Big Mick Kankinang recalled the paltry provisions when he was interviewed in the late 1970s:

But we been working for bread and beef. We never got money then. We been working for blanket, boot, hat, shirt and trousers, that’s all.

Hobbles Danayarri, interviewed in the 1980s, described how Aboriginal workers were treated on the Victoria River Downs Station, the biggest cattle station in the Northern Territory:

Don’t give them good tucker, don’t give them good beef. They can work free […]

Stolen wages: Northern Territory class action will hold the Commonwealth to account Hobbles Danayarri, photographed in 1980 by Håkan Ludwigson. This portrait was published in Ludwigson’s book Balls and Bulldust, featuriing images of life on cattle stations in the Northern Territory. Håkan Ludwigson, CC BY

At its peak the Victoria River Downs station covered 41,000 square kilometres. Like Wave Hill – and the Cattle Creek, Helen Springs and Morstone Downs stations – it was run by the Vestey Group, a British family company that leased vast tracts of land at “minimal rents” in exchange for building an abattoir in Darwin. The company sold its leases in the 1990s. It continues (as Vestey Holdings) to be a significant player in the food industry.

Minor redress

Campaigns protesting unpaid wages and effective enslavement go back to the early 1900s.

Two decades before the 1966 action by Lingiari and his comrades, for example, 800 Aboriginal pastoral workers in Western Australia’s Pilbara region walked off stations demanding wages and fair working conditions. Their strike lasted three years, from 1946 to 1949.

Over the past two decades, Aboriginal people have sought compensation for wages owed as historians have unearthed documents and recorded testimonies adding to evidence that governments and corporations weren’t holding anything in “trust”, but knowingly stealing wages for their own gain.

This has led some state governments to initiate redress schemes. New South Wales has offered payments from $1,000 to $24,000, Queensland up to $9,200 and Western Australia $2,000.

Stolen wages: Northern Territory class action will hold the Commonwealth to account Twins Arthur and Paul Ah Wang, photographed in 2011 when they were 76 years old) were among those seeking compensation from the Queensland government for unpaid wages. They began working as pearl divers in 1948 as 13-year-olds. Dave Hunt/AAP

Read more: Was there slavery in Australia? Yes. It shouldn't even be up for debate

Previous and ongoing claims for wages

These paltry amounts have precipitated class actions against the Queensland and Western Australian governments.

The Queensland action, initiated in 2016, led to a settlement in 2019, in which the state government agreed to pay $190 million to more than 10,000 claimants (both workers and descendents) for wage earned but never paid from 1939 to 1972.

That’s an average of about A$19,000 per claimant – a “disheartening” return, as the son of one claimant put it for the exploitation his mother endured from a young age.

Read more: The new Mabo? $190 million stolen wages settlement is unprecedented, but still limited

The West Australian action was initated in 2020 and is still in process. The law firm running the claim, Shine Lawyers, has said it expects to end up representing tens of thousands of claimants.

Shine is also running the Northern Territory class action. Costs are being funded by Litigation Lending, a specialist class-action financing company that is also funding the WA action, and funded the Queensland claim.

What does wage justice look like?

The Northern Territory class action, though not the first such case, is still a landmark, putting the federal government in the dock.

It’s safe to assume the government will want to settle. The only question is for how much. For a just settlement, compensation should be more than the money owed.

In other areas of compensation, courts award “exemplary damages” to punish a wrongdoer for perpetrating a deliberate and egregious harm and send a message to others. Justice must also reflect the “transgenerational disadvantage” arising from this systemic wage exploitation. It has also impoverished workers’ descendents, just as the profits of the Vesteys have benefited their descendants.

Read more: Australia's stolen wages: one woman's quest for compensation

Which raises the issue of whether only governments should be paying compensation. Should corporations that owe their current fortunes to past exploitation not also be expected to redress injustices committed in living memory?

Indeed Samuel Vestey, the “British Lord Vestey” referred to in “From little things big things grow”, died only in February.

“Good ownership is good for business. Good for everyone,” says the website of Vestey Holdings. “Our business is a partnership between the family and colleagues, with everyone fairly rewarded for their contribution to our collective success.”

It (and other corporations) may yet be required to put its money where its mouth is by compensating generations of Aboriginal people for their unpaid, involuntary contributions to those companies’ success.

Correction: this article originally stated the Whitlam government passed the Aboriginal Land Rights (Northern Territory) Act in 1976, however it was passed under the Fraser government. The Whitlam government proposed the legislation but the bill lapsed with its dismissal in November 1975. The Fraser government then reintroduced the bill, which passed with bipartisan support in December 1976.

Authors: Thalia Anthony, Professor of Law, University of Technology Sydney

Read more https://theconversation.com/stolen-wages-northern-territory-class-action-will-hold-the-commonwealth-to-account-149155

Business News

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...