This legal action builds upon a recent court decision that requires employers to ask staff whether they agree to work on public holidays. The decision could significantly increase the existing backpay owed by Woolworths and Coles, currently over $1 billion and $300 million respectively. The move is linked to ongoing class actions and may date back to 2013, affecting thousands of management-level employees who were allegedly rostered for public holiday shifts without being consulted.
The case follows a recent ruling where a major mining firm was ordered to compensate staff who had been scheduled to work on Christmas and Boxing Day without their agreement. The court clarified that, under the Fair Work Act, employers must ask and obtain agreement from employees, including salaried managers, before assigning them to work on public holidays. Some legal professionals believe the judgment sets a precedent that could now extend to the retail industry.
Woolworths and Coles have already been involved in prominent wage underpayment matters. Legal firm Adero is now moving to include the new public holiday claims in its current legal filings. If the court agrees to the amendment, the new claims could be backdated to match the timeline of the existing class actions. This may mean eligible employees could claim compensation for each instance they worked on a public holiday without being asked.
The scope of this issue may soon extend beyond Woolworths and Coles. Unions and legal experts warn that many other businesses, particularly in retail and fast food, may face similar risks. As the holiday season nears, companies are under growing pressure to review rostering practices to ensure compliance with the law. There is also rising concern that many employees still do not realise they have the right to decline public holiday work if the proper process has not been followed.
