The SDA – Australia’s largest private sector union – has commenced legal action against Apple in the South Australian Employment Tribunal, alleging the Company unlawfully changed workers’ rostered hours ahead of the iPhone 18 launch.
The union alleges that Apple breached the Enterprise Agreement – which covers over 2,500 employees – by changing workers’ published rosters without first obtaining their agreement.
The SDA was contacted by union members concerned about the ramifications of these changes and subsequently called on Apple to rectify the situation.
The union is alleging that this is not the first time Apple has breached the rostering provisions in its Agreement.
While the Apple Agreement allows the tech giant to request roster changes for special events (including product launches), workers must consent to those changes before they are implemented.
Changing rosters and requiring workers to deal with the consequences has become a routine practice at Apple, particularly around product launches and events.
The SDA had previously warned Apple that this practice was inconsistent with the provisions of the Agreement.
Through these proceedings, the SDA is seeking over $1 million in penalties against Apple for breaching the Agreement.
We are also seeking to reinforce a fundamental principle: that employers cannot unilaterally change the working hours of permanent employees.
Quotes attributable to SDA SA Assistant Secretary Jordan Mumford:
“A decision in Silicon Valley to launch a new phone does not give Apple the right to disrupt the lives of Australian workers.”
“A roster is much more than just a work schedule – it’s how workers organise childcare, family responsibilities, study, medical appointments and second jobs.”
“When an employer changes workers’ hours without agreement, it has real consequences.”
“Apple has the right to ask workers to change their hours to support a major event. What it cannot do is dictate these changes and leave workers to deal with the fallout.”
“Changing rosters without seeking workers’ agreements and without concern for their livelihoods has become something of a routine practice at Apple.”
“The terms of enterprise agreements exist to provide certainty and fairness for both workers and employers.”
“Apple cannot choose to ignore the terms of its Agreement when it’s inconvenient for them.”
“For a company of Apple’s size and access to resources, there is absolutely no excuse for failing to comply with its own Agreement.”
“We’ve lodged these proceedings to send a clear message: companies cannot put their own interests ahead of the rights of their workforce.”