Tens of thousands of South Australian workers denied Sunday public holiday pay

South Australian Big W, McDonald’s and Woolworths workers who allegedly were denied proper penalty rates for Sunday shifts have filed class actions in the Federal Court to recover their entitlements.

The class actions which were filed by Shine Lawyers, in collaboration with the Retail and Fast-Food Workers Union (RAFFWU), claim that retail workers who took on Sunday shifts between November 2019 and 31 December 2023, were not paid their penalty rates for more than four years.

“The class actions allege that several major employers including Big W, Woolworths and McDonald's breached enterprise agreements and modern awards, and contravened sections 89(1) and 98(1) of the Fair Work Act 2009 (Cth) by failing to provide workers with public holiday entitlements for work performed on Sundays,” said Craig Allsopp, Shine Lawyers’ Head of Class Actions.

Under South Australian law, Sundays were legislated as public holidays from 1910 until 31 December 2023, meaning eligible employees should have received public holiday penalty rates and other entitlements for work performed on those days.

“Workers in these actions were entitled to public holiday penalty rates for working on Sundays. and these employers have failed to meet those obligations. This is not a state-wide sweep. We are pursuing employers who we will allege failed in their legal obligations to workers” he said.

The action seeks compensation for affected employees of Big W, Woolworths and McDonald’s who worked Sunday shifts during the claim period and were not paid the correct public holiday rates and/or did not receive certain other public holiday entitlements for this work.

“For too long, big employers have profited at the expense of their lowest-paid workers,” said Josh Cullinan, Director of Strategic Litigation at RAFFWU.

“The damage to low-income earners in the retail industry is even less income.”

“This case is about fairness. Every dollar matters to these workers, and the law must be applied equally, regardless of how large or powerful the employer may be,” said Cullinan.

Shine Lawyers and RAFFWU are encouraging current and former employees of the listed retailers and fast-food outlets to register their interest in the South Australia Sunday Shift Class Actions on a confidential, no-cost, no-obligation basis.

• Register or find out more here: https://www.shine.com.au/service/class-actions/sa-sunday-shift-class-actions

• Registration form: https://sasundayshift.shine.com.au