Accused employers include McDonald's, Woolworths, Big W, Coles, Hungry Jack's
Retail and fast-food workers in South Australia are seeking compensation in new class actions that are suing some major employers of underpaying Sunday penalty rates for more than four years.
The class actions target South Australian Big W, McDonald's, Woolworths, Hungry Jack's, and Coles, which are accused of not properly paying their employees between November 2019 and December 2023, for work performed on Sundays.
The proceedings, brought by Shine Lawyers in collaboration with the Retail and Fast-Food Workers Union (RAFFWU), allege that these employers breached enterprise agreements and modern awards, and contravened sections 89(1) and 98(1) of the Fair Work Act 2009 (Cth).
"Workers in these actions were entitled to public holiday penalty rates for working on Sundays, and these employers have failed to meet those obligations," said Craig Allsopp, Shine Lawyers' head of class actions.
"This is not a state-wide sweep. We are pursuing employers who we will allege failed in their legal obligations to workers."
South Australian law previously legislated Sundays as public holidays from 1910 to December 2023, under which workers are entitled to public holiday penalty rates.
However, the class actions are allege the employers did not properly compensate employees during the following periods:
- McDonald's (from 17 November 2019 to 31 December 2023)
- Big W (from 4 December 2019, to 31 December 2023)
- Woolworths Supermarkets (from 4 December 2019 to 31 December 2023)
- Hungry Jack's (from 15 December 2019 to 31 December 2023)
- Coles (from 23 December 2019,to 31 December 2023)
"This case is about fairness. Every dollar matters to these workers, and the law must be applied equally, regardless of how large or powerful the employer may be," said Josh Cullinan, director of strategic litigation at RAFFWU.
In a statement, Coles said it has been notified of the class action and will be defending the case.
"Coles will defend the proceedings. Coles does not consider the proceedings to be market sensitive," it said in a statement posted on the Australian Securities Exchange.
