Baker v Woolworths Group Limited (Opt-Out Notice)

Baker and another have brought a class action in the Federal Court of Australia against Woolworths Group Limited and Woolworths (South Australia) Pty Ltd on behalf of salaried managers employed at Woolworths Supermarkets, Woolworths Metro, or Big W between 30 November 2013 and the date the proceeding was filed. The applicants seek compensation for underpayments and penalties for breaches of the General Retail Industry Award 2010. The applicants sought orders for the distribution of an opt-out notice to the class members and for the appointment of a third-party mailing service provider to distribute notices to the class members. The legal issues were whether the content of the notice was appropriate and whether a third-party mailing service provider should be appointed. The Court considered the relevant statutory provisions, the need for the notice to be clear and concise, and the appropriate use of a third-party mailing service provider. The Court found that the content of the notice was appropriate and ordered that a third-party mailing service provider be used to distribute the notices to the class members. The Court ordered that the applicants display certain documents on their website and that the class members be given notice of their rights to opt out of the proceeding, register for the proceeding, or do nothing. The Court ordered that a third-party mailing service provider be used to distribute the notices and that the applicants bear the cost of the mailing service provider. The Court also ordered that the proceeding be referred to mediation and that the matter be listed for a case management hearing. The Court ordered that the applicants display on their website the amended originating application, amended statement of claim, defence, and opt-out notice. The Court ordered that any group member who wishes to opt out of the proceeding must file the required notice with the Court, and any group member who wishes to have their claim considered in the mediation must register for the proceeding by completing a registration form online. The Court ordered that a third-party mailing service provider be used to distribute the notices to the class members and that the applicants bear the cost of the mailing service provider. The Court also ordered that the proceeding be referred to mediation and that the matter be listed for a case management hearing.