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Retail

Retail Class Actions

Coles Class Action


Adero Law filed a class action against Coles in May 2020 on behalf of salaried Coles Supermarkets and Coles Services managers. The class action claims that compensation and penalties should be paid to group members who were not paid enough for the hours they worked under the General Retail Industry Award.

Class Action Coverage

You may be a group member in the Coles class action if you worked:

  • in a salaried manager position
  • at a supermarket operated by Coles Supermarkets 
  • between May 2014 and the date when the class action was filed

Most group members would have received a notice from the court by letter or email in February 2021. If you did not receive a notice from the court but believe you are a group member, please feel free to contact us.

About the Class Action

The class action was filed in May 2020 by Adero Law on behalf of Ms Pabalan, a Customer Service Manager who worked at Coles Roselands and other Coles stores in New South Wales.

Ms Pabalan alleges that the salary Coles paid to her was insufficient to satisfy her legal entitlements. Ms Pabalan claims she was working well beyond her rostered hours to keep her department running to the standard expected by Coles. Even when Kronos was introduced in late 2017, she wasn’t always able to record her hours of work accurately. Ms Pabalan started the class action to protect the interests of her former colleagues and ensure other salaried managers like her are fairly compensated for their work.

Case Materials

Statement of Claim (PDF)

Originating Application (PDF)

Defence (PDF)

Reply (PDF)

Class Action Status

Click here for the most recent Coles class action update

The court has directed the parties to prepare for a trial in June and July 2023. The trial will determine the legal issues first and the factual issues later. The court has split the trial into legal and factual issues because most legal issues will apply equally to every group member while some facts will be unique to each group member. This is not uncommon in class action proceedings.

Adero Law is taking steps to prepare for the trial. Those steps include gathering evidence from witnesses and experts, drafting a list of questions for the court to answer at the trial, and preparing our legal submissions.

Adero Law remains committed to obtaining fair compensation for all group members for all hours worked across the 6-year claim period.

Contact Details

Email: coles@aderolaw.com.au

Phone: 1300 575 102

Claimant Portal: portal.adero.com.au

Woolworths & Big W
Class Action


Adero Law filed a class action against Woolworths and Big W in November 2019 on behalf of salaried supermarket employees. The class action claims that compensation and penalties should be paid to class members who were not paid enough for the hours they worked under the General Retail Industry Award.

Class Action Coverage

You may be a class member in the Woolworths class action if you worked:

  • in a salaried position
  • at a Woolworths, Metro, or BIG W supermarket
  • between November 2013 and the date when the class action was filed

Most class members would have received a notice from the court by letter or email in March and November 2021. If you did not receive a notice from the court but believe you are a class member, please feel free to contact us.

About the Class Action

The class action was filed in November 2019 by Adero Law on behalf of Mr Baker, a night Replenishment Team Manager at Woolworths Camberwell in Victoria.

Mr Baker alleges that the salary Woolworths paid to him was insufficient to satisfy his legal entitlements. Mr Baker claims he was working well beyond his rostered hours to keep his department running to the standard expected by Woolworths, and he wasn’t always able to record his hours of work accurately in Kronos. Mr Baker knew that he was not the only salaried Woolworths employee who felt this way, which is why he started the class action.

Case Materials

Statement of Claim (PDF)

Originating Application (PDF)

Defence (PDF)

Class Action Status

Click here for the most recent Woolworths class action update

The court has directed the parties to prepare for a trial in June and July 2023. The trial will determine the legal issues first and the factual issues later. The court has split the trial into legal and factual issues because most legal issues will apply equally to every class member while some facts will be unique to each class member. This is not uncommon in class action proceedings.

Adero Law is taking steps to prepare for the trial. Those steps include gathering evidence from witnesses and experts, drafting a list of questions for the court to answer at the trial, and preparing our legal submissions.

Adero Law remains committed to obtaining fair compensation for all class members for all hours worked across the 6-year claim period.

Contact Details

Email: woolworths@aderolaw.com.au

Phone: 1300 575 102

Claimant Portal: portal.adero.com.au

Settlement FAQ

When the parties in a class action reach a settlement agreement, the applicant(s) must apply to the Court to have the settlement approved by the Court.

The Applicants in the Woolworths Class Action did this on 15 November 2021. Class members will now be given the option to opt out of the class action, object to the settlement, or do nothing to accept the benefit of the settlement.

If the settlement is approved, Woolworths and class members who objected to the settlement or did nothing will be bound by the settlement.

The hearing for the settlement and discontinuance application is at 10:15am on 15 December 2021 before Justice Murphy in the Federal Court of Australia.

The amount of compensation you may receive would depend on the outcome of the proceedings commenced by the Fair Work Ombudsman against Woolworths, being NSD 581 of 2021 (the FWO Proceeding).

This is because the FWO Proceeding would decide how the General Retail Industry Award is to be interpreted and applied to the claims made in the class action. Once that is determined, Woolworths would calculate your loss (underpayment) and make any payments owing to you between 29 November 2013 and 7 October 2021 (the Relevant Period).

Provided you were underpaid during the Relevant Period, you would receive compensation from Woolworths shortly after the FWO Proceeding concludes. While we cannot be certain, we anticipate the FWO Proceeding will conclude in 2022, although appeals may extend the proceeding into 2023.

The $25,000 payment would be divided between the First and Second Applicants, being Mr Baker and Mr Piro, to compensate them for their time and expenses in leading the class action. Class members are not applicants.

The agreed legal costs for the class action would be paid by Woolworths. As the Fair Work Ombudsman is free, no legal costs would be deducted from any money you may receive from Woolworths in compensation for any underpayment during the Relevant Period.

Note: There was an error in the Notice that implied the Fair Work Ombudsman was not free. This is not the case. The Fair Work Ombudsman does not require any contributions from class members for legal costs. A corrected notice has been issued to all class members.

Yes,  Big W class members are included in the settlement. If you are a class member who was employed to work in a Big W, you would be treated the same as a class member who was employed to work in a Woolworths or Metro supermarket.

This is because the General Retail Industry Award applies to Big W in the same way that it applies to Woolworths and Metro supermarkets, so the interpretation principles determined in the FWO Proceeding would apply to all class members.

You will not be bound by the settlement. This means you could bring a class action against Woolworths, but Woolworths would not calculate your loss for the entire Relevant Period at the conclusion of the FWO Proceeding.

Your objection will be considered by the parties and the Court. If the Court approves the settlement, you will be bound by the settlement.

The Applicants, on advice from Adero Law, agreed to the settlement because we believe it will get more money into the hands of class members more quickly.

Because the FWO Proceeding is free, handled by a government regulator, and makes substantially similar claims to the claims made in the class action, the Court may have stayed (postponed) the class action until the FWO Proceeding resolves. This is because the Court may decide it is an inefficient use of it’s resources to have the same questions of law being litigated in the same Court at the same time in two different proceedings.

Rather than face the uncertainty and additional legal costs this delay would cause, the Applicants accepted a settlement offer that we believe will streamline the FWO Proceeding and result in payments being made to class members more quickly and without any deductions for legal costs.

Information about the settlement, including how to opt out of the class action or object to the settlement, is available in the Notice that was sent to all class members and on our website: https://www.aderolaw.com.au/class-actions/woolworths/

Romeos

Class Actions have been filed by Adero Law on behalf of employees of Romeos stores operated by the Romeo Lockleys Partnership, and the Romeo NSW Partnership.

Update 10 December 2021

 

The Federal Court has ordered a Notice to Group Members of proposed settlement be displayed on its website, and a copy to be sent to all eligible group members in the proceedings.

In South Australia, the Romeos Lockleys Partnership operated the following stores in the relevant period, being 28 July 2014 to 27 July 2020:

 

Morphett Vale Foodland located at 201 Main South Road, Morphett Vale SA;

Normanville Foodland located at 85 Main Street, Normanville SA;

Rostrevor Foodland located at 161 St Bernards Road, Rostrevor SA;

Stirling IGA located at 5 Johnston Street, Stirling SA;

Daw Park Foodland located at 530 Goodwood Road, Daw Park SA;

Stirling Foodland located at 5 Johnston Street, Stirling SA;

Aldgate IGA Fresh located at 232 Mount Barker Road, Aldgate SA;

Salisbury East IGA Fresh located at 53-63 Northbridge Avenue, Salisbury East SA;

Modbury Village Foodland located at Modbury Triangle Shopping Centre, Modbury SA;

Old Reynella Foodland located at 221 Old South Road, Old Reynella SA;

Athelstone Foodland located at 320 Gorge Road, Athelstone SA; and

Fairview Park Foodland located at 325 Hancock Road, Fairview Park SA;

The Romeos NSW Partnership operated the following stores in the relevant period, being 21 November 2014 to 20 November 2020:

 

Romeo’s Foodhall Oxford Street (also known as Romeo’s Foodhall Darlinghurst) located at 23 Oxford Street, Darlinghurst NSW;

Romeo’s Foodhall St Leonards located at 201-205 Pacific Highway, St Leonards NSW;

Romeo’s Foodhall Parramatta located at 37-39 George St, Parramatta NSW;

Romeo’s Foodhall St Ives located at Shop 140, 166 Moana Vale Rd, St Ives NSW;

Romeo’s Foodhall Summer Hill located at Shop 5, 1-11 Hardie Street, Summer Hill, NSW;

Romeo’s Foodhall Castlecrag located at 100 Edinburgh Road, Castlecrag NSW;

Romeo’s Foodhall Ramsgate located at 191-201 Ramsgate Road, Ramsgate Beach NSW;

Romeo’s Foodhall Sutherland located at 561 President Ave, Sutherland NSW;

Romeo’s Foodhall Paddington located at 1 Newcombe Street, Paddington NSW;

Romeo’s Supa IGA Doonside (also known as Romeo’s Rainbow Doonside) located at the corner of Bungarribee Road and Rosenthal Street, Doonside NSW;

Romeo’s Foodhall IGA North Sydney located at Greenwood Plaza 24/36 Blue Street, North Sydney NSW;

Romeo’s Foodhall IGA Mortdale located at 42-44 Morts Road, Mortdale NSW;

Romeo’s Foodhall IGA Martin Place located at L4 MLC Centre 19-29 Martin Place, Sydney NSW;

Romeo’s Cellar located at 166 Mona Vale Road, St Ives NSW;

Drakes

Adero Law has filed a class action against the Drakes corporate group for potential wage underpayments owing to salaried employees of its supermarkets.

Registration for the Drakes settlement is now open. Click the button below to register as an Additional Registered Group Member.

Registrations close on 6 May 2022.

Update 12 April 2022

Update 3 August 2021

On The Run


Class Action proceedings have been filed by Adero Law on behalf of current and former employees of Shahin Enterprises Pty Ltd

Frequently Asked Questions

Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:

  1. A wrongdoing occurs that affects a group of people (claimants) in a similar way.
  2. Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
  3. The claim is filed in Court.
  4. Pleadings and other Court documents are finalised and filed with the Court.
  5. Claimants have a chance to opt-out of the class action.
  6. Evidence is compiled and the claim is prepared for trial.
  7. If appropriate, mediation or settlement discussions take place between the parties.
  8. If a settlement agreement is not reached, the claim proceeds to trial.
  9. 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.
  10. A settlement hearing occurs.
  11. 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 enquiries@aderolaw.com.au 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.

Endeavour Group – BWS & Dan Murphy’s

Background to Investigations:

Endeavour Group operates 1667 stores across Australia, with major brands including Dan Murphy, BWS and ALH Hotels. At this stage, Adero Law is undertaking investigations into underpayments of full-time, part-time, and casual employees of BWS, Dan Murphy & ALH Hotels for the period of 2016 to present.

The pay and conditions of employees working in stores operated by BWS & Dan Murphy are covered in either a relevant enterprise agreement or the General Retail (Industry) Award 2020 depending on such an employee’s position.


Individuals have reported to Adero Law, the following practices have occurred at certain stores of BWS & Dan Murphy’s which are operated by the Endeavour Group:

  • paying a salary to Managers and Full-Time staff that does not account for additional hours and/or overtime hours that workers were directed to complete beyond 38 hours per week;
  • directing staff to complete pre-shift and post-shift work without compensation being provided;
  • directing staff to not take meal breaks or directing staff to complete work during their meal breaks without providing additional compensation; and,
  • other purported breaches that Adero Law is investigating.

At this stage, Adero Law invites you to complete the below form to register your interest in the above if you have worked in a BWS or Dan Murphy’s store at any time from 2016 to present.

After you register your interest, Adero Law may disclose your name to your employer for the purpose of pursuing your claim.  Should you wish to remain anonymous, please email enquiries@aderolaw.com.au.

Contact Details

Email: enquiries@aderolaw.com.au

Phone: (02) 6189 1022

Frequently Asked Questions

Adero is currently in the process of undertaking necessary due diligence investigations required to understand the viability of a potential class action.

At this stage, Adero asks you to register your interest should you be interested in participating in a potential class action.

Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service. You are under no obligations until you agree to be bound by such a document.

Although circumstances may vary, the general structure of a class action proceeding run by Adero Law is as follows:

  1. A wrongdoing occurs that affects a group of people (claimants) in a similar way.
  2. Adero Law’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
  3. Pleadings and other Court documents are finalised and filed with the Court.
  4. Claimants have a chance to opt-out of the class action.
  5. Evidence is compiled and the claim is prepared for trial.
  6. If appropriate, mediation or settlement discussions take place between the parties.
  7. If a settlement agreement is not reached, the claim proceeds to trial.
  8. Once a settlement agreement has been reached, claimants are notified, and a is timetable put in place for any objections or submissions to be made ahead of a hearing.
  9. A settlement hearing occurs.
  10. If the settlement is approved, a distribution scheme will be implemented as approved by the Court.

Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service that is relevant to your individual claim. This document will contain any terms relevant to the payment of legal fees under a no win no fee contract, and in respect to the ongoing management of the class action.

Adero is accepting registrations of interest from individuals that have worked in a BWS or Dan Murphy’s operated store at any time since 2016. You can join if you are currently employed or not currently employed by BWS and Dan Murphy’s as long as you worked in such a BWS or Dan Murphy’s store post September 2016.

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 such a complaint.

Adero will not provide your details to Endeavour Group Limited or any third party without your consent. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any unrelated purpose or disclose it to any third-party. That information we procure is also subject to legal professional rules that Adero Law adheres to, under the relevant ACT rules.

The Reject Shop – Underpayment Investigation

Background to Investigations:

Adero Law is currently undertaking due diligence investigations into ‘The Reject Shop’ for purported underpayments to staff. The Reject Shop operates over 356 locations across Australia.

Employees of Reject Shop are covered in either a relevant enterprise agreement or General Retail Industry Award 2010.


Individuals have reported to Adero Law, the following practices that have occurred at certain Reject Shop stores:

  • paying a salary to Managers and Full-Time staff that does not account for additional hours and/or overtime hours that workers were directed to complete beyond 38 hours per week;
  • directing staff to complete pre-shift and post-shift work without compensation for such hours being provided;
  • directing staff to not take meal breaks or directing staff to complete work during their meal breaks without providing additional compensation for such work; and,
  • other purported breaches that Adero Law is currently investigating.

At this stage, Adero Law invites you to complete the below form to register your interest in the above matter if you have worked in a Reject Shop store at any time from 2016 to present.

After you register your interest, Adero Law may disclose your name to your employer for the purpose of pursuing your claim.  Should you wish to remain anonymous, please email enquiries@aderolaw.com.au.

Contact Details

Email: enquiries@aderolaw.com.au

Phone: (02) 6189 1022

Frequently Asked Questions

Adero Law is currently in the process of undertaking necessary due diligence investigations required to understand the viability of a potential class action.

At this stage, Adero Law asks you to register your interest should you be interested in participating in a potential class action.

Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service. You are under no obligations until you agree to be bound by such a document.

Although circumstances may vary, the general structure of a class action proceeding run by Adero Law is as follows:

  1. A wrongdoing occurs that affects a group of people (claimants) in a similar way.
  2. Adero Law’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
  3. Pleadings and other Court documents are finalised and filed with the Court.
  4. Claimants have a chance to opt-out of the class action.
  5. Evidence is compiled and the claim is prepared for trial.
  6. If appropriate, mediation or settlement discussions take place between the parties.
  7. If a settlement agreement is not reached, the claim proceeds to trial.
  8. Once a settlement agreement has been reached, claimants are notified, and a is timetable put in place for any objections or submissions to be made ahead of a hearing.
  9. A settlement hearing occurs.
  10. If the settlement is approved, a distribution scheme will be implemented as approved by the Court.

Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service that is relevant to your individual claim. This document will contain any terms relevant to the payment of legal fees under a no win no fee contract, and in respect to the ongoing management of the class action.

Adero is accepting registrations of interest from individuals that have worked in a The Reject Shop operated store at any time since 2016. You can join if you are currently employed or not currently employed by The Reject Shop as long as you worked in such a The Reject Shop store post September 2016.

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 such a complaint.

Adero will not provide your details to The Reject Shop Limited or any third party without your consent. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any unrelated purpose or disclose it to any third-party. That information we procure is also subject to legal professional rules that Adero Law adheres to, under the relevant ACT rules.

About Adero

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