The Fair Work Ombudsman tells the Federal Court that Coles and Woolworths have to pay for allegedly ripping off store workers via an illicit salary system.
He took Justice Nye Perram to the relevant award, arguing work hours were set at a total of 38 rostered hours per week, before contending that was not what happened in reality.Other workers were doing average shifts of nearly 11 hours, he said.He said evidence would show clear standards had to be met by the companies, and that there was tacit approval of the alleged illegal conduct, submitting they knew people were working above rostered hours "day in day out".
There were failures on the use of "informal" rosters, time off in lieu, and record keeping on worker overtime, penalties and allowances, he said.He said the supermarkets should not be able "to hide behind the fact" they had very limited and ad hoc records tracking things like time off in lieu, and argued there was no ability to "contract out" of obligations under the Fair Work Act.
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