The SDA has won a groundbreaking legal case against Chemist Warehouse which could lead to tens of millions in backpay for workers.
In 2023, we lodged a case in the South Australian Employment Tribunal, alleging that some workers at Chemist Warehouse had been misclassified and underpaid by their employer.
Specifically, we alleged that workers had been required to obtain a Certificate III in Community Pharmacy by their employer, but had not been paid at the correct rate.
Under the Pharmacy Award, workers who hold this qualification should be paid as a Level 3 Employee. But this wasn’t the case at Chemist Warehouse.
The Tribunal has ruled in our favour, agreeing that workers should have been paid as Level 3 employees.
The test case was pursued by the SDA on behalf of seven employees across the Clovelly Park, Colonnades, Elizabeth City Centre and Modbury stores.
This case sends a clear message: if you’re expected to do tasks and obtain qualifications that are above your pay grade, you should be paid accordingly.
This decision follows the SDA’s successful application to negotiate a multi-employer agreement at these four stores, along with nine other Chemist Warehouse stores in South Australia.
What happens next?
The SDA is calling on Chemist Warehouse to take immediate steps to backpay workers. If they fail to do so, we will be considering our legal options.
What does this mean for Chemist Warehouse workers?
This ruling could have far-reaching consequences for Chemist Warehouse, and could lead to backpay for workers right across the country.
It could lead to tens of millions in backpay for impacted workers.
It’s only by standing together that we can make sure that all workers across the country earn a fair day’s pay for a fair day’s work.
If you’re not a union member or know someone who isn’t, now is the time to get involved. For fair pay and protection at work, join the SDA now.