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There are two major findings with implications for most employers in the Federal Court's latest decision regarding Woolworths' and Coles' alleged underpayments, a workplace lawyer says.
Justice Nye Perram's lengthy ruling specifically related to the construction of the General Retail Award, however his conclusions have much broader application, says AJ & Co Lawyers special counsel Heather Richardson.
Woolworths and Coles are both the subject of prosecutions by the Fair Work Ombudsman, and class actions run by Adero Law, regarding underpayments between 2015 and 2019.
All cases involve employees who were paid annual salaries, where the employers didn't keep records of their entitlements under the relevant award. Both Woolworths and Coles have made remediation payments of (more than $300 million and $31 million respectively), but the FWO and Adero Law argue more is due...
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