Fair Work Ombudsman v Woolworths Group Limited (The Calculation Employees)

The Fair Work Ombudsman brought proceedings against Woolworths Group Limited, alleging underpayments to 19,000 employees. The dispute centred on the calculation of underpayments for a group of salaried employees. The matter was heard in the Federal Circuit and Family Court of Australia, with the Court tasked with determining the appropriate methodology for calculating these underpayments.

The central legal issue was whether the Fair Work Ombudsman should seek to demonstrate the position of the entire group of salaried employees or if the calculation should proceed by reference to a subset of 32 or 10 employees. The Court needed to determine the most effective and fair way to approach the calculation of underpayments for such a large group of affected employees.

The Court found that the Fair Work Ombudsman should demonstrate the position of the entire group of salaried employees rather than proceeding by reference to a subset. The Court reasoned that demonstrating the position of the entire group would provide a more accurate and comprehensive representation of the underpayments. This approach would ensure that the interests of all affected employees were considered, rather than relying on a potentially unrepresentative subset. The Court concluded that this method would better serve the purpose of fairness and accuracy in the calculation of underpayments.

The Court ordered that the parties confer and provide a short minute of order to the Chambers within seven days. This minute of order would give effect to the reasons provided and address any outstanding pleading questions. The entry of orders would be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.