A full bench of the Federal Court has found in favour of Target workers. Thanks to SDA members, affected Target workers will likely receive back pay.
In 2018 the SDA filed a claim in the Federal Court to deal with an unresolved dispute about the proper application of annual leave loading for workers who were rostered to work ordinary hours in penalty rate times under the now replaced 2012 Enterprise Agreement.
The SDA’s view was that workers were entitled to be paid their ordinary time earnings and the 17.5% annual leave loading.
Target’s view was that only the 17.5% loading was payable – even where a worker had worked ordinary hours on a Sunday as part of their roster.
The SDA was successful in the first instance, but Target decided to appeal the matter to a full bench, where the SDA was found in favour.
The SDA has enforcement action on foot in the Federal Court which will be re-enlivened as a result of this fantastic win.
Back pay is likely to follow to compensate the affected Target workers.
The current Agreement provides the higher of the ordinary hours penalties or the annual leave loading – but not both.
The new proposed Agreement that was voted up last year by members has new structures in place around penalty rates and follows more closely the General Retail Industry Award.