Shop, Distributive & Allied Employees' Association v Aldi Foods Pty Ltd

The case of Shop, Distributive & Allied Employees' Association versus Aldi Foods Pty Ltd involves a dispute over the classification of certain tasks performed by employees prior to the commencement of their rostered shifts. The issue at hand pertains to whether these pre-commencement tasks constitute work for which employees should be compensated. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the pre-commencement tasks, such as attending to attendance recording, cleaning equipment, performing pre-operational checks, and obtaining necessary items like headsets and shrink wrap, should be considered as part of the employees' working hours. The applicant argued that these tasks are integral to the job and should be compensated as work. The respondent, Aldi Foods, contended that these tasks were preparatory and not compensable as part of the working hours. The Court found in favour of the applicant, ruling that the pre-commencement tasks are indeed work and should be compensated. The Court held that the respondent had no statutory or common law authority to set off time at the end of the shift against unpaid work done before the shift began. Consequently, the cross-claim brought by the respondent was dismissed. The Court will proceed to hear arguments on the basis for considering penalties and orders, the allocation of penalties, interest, and costs.