On The Run
Adero Law filed a class action in the Federal Court on 13 May 2020 against Shahin Enterprises Pty Ltd, the employing entity of the On The Run workforce. The class action seeks to recover underpayments owed to current and former employees of On The Run – the flagship banner of the Peregrine Corporation – South Australia’s largest private employer.
On 13 May 2020, Adero Law filed a class action lawsuit against Shahin Enterprises Pty Ltd (Respondent), the employing entity of the On The Run workforce, alleging underpayments owing to more than 8,000 current and former employees.
On The Run is the flagship banner of the Peregrine Corporation – South Australia’s largest private employer – reporting an estimated annual revenue of $2.4 billion.
The class action against On The Run has been brought by Mr. Aaron Furnell, on behalf of himself and many thousands of current and former On The Run workers in the same or similar circumstances to him (claimants).
The claimants allege that they were systemically underpaid by the Respondent using a combination of one or more courses of conduct. A total of seven courses of conduct resulting in underpayment have been alleged by the claimants, totaling circa $50-70 million in lost wages. Those courses of conduct include:
- Unpaid work performed prior to rostered shifts;
- Wrongly deducted unpaid meal breaks;
- ‘Voluntary Overtime’ that was not in fact voluntary;
- Unpaid work performed after rostered shifts;
- Insufficient annualised salaries paid to salaried workers;
- Incorrect reference rates applied to trainees; and
- Unlawful deductions from wages.
1 – 3 of those courses of conduct have the benefit of a recent judgment handed down by the Full Court of the Federal Court of Appeal in favour of a former On The Run worker.
In addition to seeking back payment of those underpayments plus interest, Adero Law has asked the court to impose pecuniary penalties on the Respondent, with those penalties being paid directly to claimants.
‘It is clear that the Respondent is “innovative” and “driven to win through sales and standards” as summarised in the On The Run promise – the approach taken to paying their workers is a reflection of that.’ – Kellie Pledger, Lawyer.
Thousands of current and former On The Run workers are eligible to join the class action and fight for compensation.
‘Adero Law is bringing the fight to South Australia. The system has failed to protect many thousands of workers – Employers have been allowed to build empires and expand their business portfolios on the backs of employees being paid less than the minimum award entitlements. The offending courses of conduct are not unknown to the Respondent. Numerous individual cases run on behalf of former On The Run workers have been heard in the South Australian Employment Tribunal. The Respondent has had every opportunity to implement fair business practices and has failed to do so, instead they choose to push for settlements without admissions of guilt and continue with business as usual. It’s time to have this out, under the guidance of the Full Federal Court.’ – Kellie Pledger, Lawyer.
Adero Law encourages anyone who worked for Shahin Enterprises Pty Ltd from 13 May 2014 to register for this class action. All registrations are confidential and registered group members have the benefit of remaining anonymous.
Please contact Adero Law via the “Register Interest” button to receive further information about your options and legal rights.
Frequently Asked Questions
Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- The claim is filed in Court.
- Pleadings and other Court documents are finalised and filed with the Court.
- Claimants have a chance to opt-out of the class action.
- Evidence is compiled and the claim is prepared for trial.
- If appropriate, mediation or settlement discussions take place between the parties.
- If a settlement agreement is not reached, the claim proceeds to trial.
- Once a settlement agreement has been reached, claimants are notified, and a timetable put in place for any objections or submissions to be made ahead of a hearing.
- A settlement hearing occurs.
- If the settlement is approved, a distribution scheme will be implemented under the guidance of the Court.
No. You will not have to personally pay Adero Law any monies unless you are successful, in which case the only money you will pay to Adero Law will come from any successful outcome you receive. You will not have to pay anything more than what you receive.
Yes. Only the lead claimant will be named in the class action. Your name will not be made public unless you have specifically consented.
Whilst individual circumstances will vary, Adero undertakes due diligence in relation to likely damages calculations. The amount of underpayment varies depending on the claim being brought, such as a breach of the enterprise agreement or a breach of the National Employment Standards, and the hourly rates used.
Adero will make every effort to recover all potential underpayments owing to members of a class action (claimants).
Yes. Adero Law will recover its fees from the winnings. Adero law bears the costs and risk of the class action and therefore also collects an uplift on those fees from the winnings. The amount that Adero Law takes from the winnings is supervised by the Court.
Claimants should be aware that the recovery of any underpayment will be subject to terms of the retainer. For more information on the terms of the retainer of any current class action, please request a copy of the retainer by emailing firstname.lastname@example.org or by contacting (02) 6189 1022.
No. Your employer cannot terminate your employment for participating in a class action. This will amount to an adverse action. Moreover, your name will not be disclosed without your express consent. This means that your employer cannot know you joined an action unless you tell them, you tell someone else or instruct us to disclose your name. We do not identify our clients, not even to other members of the action.
No. The Fair Work Act 2009 (Cth) s 340 prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish an employee in any way for joining a class action. If you believe this has happened to you, contact us at Adero Law and we will promptly investigate.
No. Both union members and non-members are encouraged to join so that we can win back the entitlements that are owed to everyone.
Yes. Our claimants include current and past workers.