On 4 December 2023, the Retail and Fast Food Workers Union (RAFFWU) launched landmark legal action against Woolworths Group Limited in the Federal Court of Australia.

RAFFWU is the fighting union for thousands of retail and fast food workers throughout Australia.

This action is being brought on behalf of around 1400 overnight workers at more than 100 Woolworths supermarkets in Victoria and Tasmania, who in 2021 were required to radically change their work hours from overnight to day or evening work.

“In the dead of night in April 2021, at the heights of the pandemic, around 1400 workers were dragged into meetings to be told their world was being turned upside down”, says Josh Cullinan, Secretary of RAFFWU.

“There was no warning,” Cullinan says. “The reward for a year of working in the pandemic was for these workers to have massive cuts in their pay and for their overnight work to be switched to day or evening work.”

Workers were never consulted by Woolworths over the major change.

When workers disputed roster changes, they were threatened by Woolworths with no pay, sent home and told they must comply with Woolworths’ direction that they work the new rosters.

RAFFWU’s action in the Federal Court alleges that the true reason for the changes was so that Woolworths could avoid paying overnight penalty rates and paid meal breaks to its workers.

The changes resulted in wage cuts of up to $30,000 per annum for full-time Woolworths workers.

RAFFWU also alleges that threats of no pay against workers amounts to unlawful coercion by Woolworths.

The Union further alleges that an affected worker had their right to be represented by RAFFWU misrepresented by Woolworths.

In addition to the Union, two RAFFWU members who were impacted by these changes are co-applicants in the Federal Court, suing Woolworths Group for its failure to consult them over the major change, along with other breaches of their workplace rights.

“This landmark action holds Woolworths Group to account for these attacks on workers”, Cullinan says. “We are seeking proper compensation for all affected workers, including the tens of thousands of dollars a year some workers have lost as a result of the changes.”

Overnight workers impacted by these 2021 changes in Woolworths in Victoria and Tasmania can join RAFFWU to be kept informed of the progress of the case.

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Quotes attributable to Josh Cullinan, Secretary of the Retail and Fast Food Workers Union (RAFFWU)

“In the dead of night in April 2021, at the heights of the pandemic, around 1400 workers were dragged into meetings to be told their world was being turned upside down.”

“There was no warning. The reward for a year of working in the pandemic was for these workers to have massive cuts in their pay and for their overnight work to be switched to day or evening work.”

“Full-time workers saw tens of thousands of dollars cut from their pay. Some workers have lost $30,000 a year.”

“When workers disputed the roster changes, and kept turning up to their shifts, they were sent home, threatened with no pay and told they must comply with Woolworths’ direction.”

“This landmark action holds Woolworths Group to account for these attacks on workers. We are seeking proper compensation for all affected workers, including the tens of thousands of dollars a year some workers have lost as a result of the changes.”

“We allege it was all done to avoid their penalty rates and paid meal breaks. We allege they then doubled down with other breaches and coercion to force through the changes.”

“We have previously successfully sued Woolworths Group for union-busting and this conduct must stop.”

Quotes attributable to Lauren Dyer, RAFFWU Delegate at Woolworths Lilydale and Co-Applicant in Federal Court Action

“My life was turned upside down by Woolworths Group when they told me my roster was changing because they had abolished overnight work.”

“I’ve joined the RAFFWU lawsuit because our workplace rights are worth fighting for.”

Media Enquiries: Josh Cullinan, 0416 241 763

Workers affected by the 2021 changes can register with RAFFWU at: https://forms.gle/NVaKTNd4Jg4v9Wqw5