Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Woolworths Group Limited (The Calculation Employees) [2022] FCA 203 File number: NSD 581 of 2021
Judgment of: PERRAM J
Date of judgment: 9 March 2022
Catchwords: PRACTICE AND PROCEDURE – where allegations of underpayment by employer – where 19,000 affected employees – where calculation of underpayment has been made for a salaried group – whether the Applicant should seek to demonstrate the position of the entire group – whether Applicant should proceed by reference to 32 or 10 employees
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 6
Date of hearing: 8 March 2022
Counsel for the Applicant: Mr J Bourke QC and Ms E Levine
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondents: Mr J Kirk SC and Mr M Seck
Solicitor for the Respondents: Ashurst
Solicitor for the Proposed Interveners: Adero Law
ORDERS NSD 581 of 2021
BETWEEN: FAIR WORK OMBUDSMAN Applicant
AND: WOOLWORTHS GROUP LIMITED (ACN 000 014 675) First Respondent
WOOLWORTHS (SOUTH AUSTRALIA) PTY LIMITED (ACN 007 873 118) Second Respondent
order made by: PERRAM J DATE OF ORDER: 9 MARCH 2022
THE COURT ORDERS THAT:
1. The parties confer and provide to Chambers, within 7 days, a short minute of order giving effect to these reasons and addressing any outstanding pleading questions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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