UNDERPAYMENT class actions against Coles and Woolworths are still in the courts and heading to trial, despite last year's retrospective laws on casual labour and a subsequent High Court decision supposedly killing the push that employers criticised as "double dipping".
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As the Newcastle Herald reported yesterday, the Federal Court made "discontinuance" orders on April 29 for law firm Adero's case at Mount Arthur case, and on May 2 for the Mining and Energy Union's case against labour-hire firm WorkPac.
The Australian Industry Group welcomed the end of the cases as the end of the "casuals" class actions.
But Adero principal Rory Markham confirmed that various other cases continued, including three black coal "casuals" cases against labour-hire firms Hays, Stellar and OneKey.
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Mr Markham said the Coles, Woolworths and other retail cases were for "salaried underpayments to hours worked" and were "not impacted by the High Court or new legislation".
He said the three coal cases continued because the workers were under the Black Coal Award (which allows staff, but not production or engineering workers, as casuals), not an enterprise agreement, as at Mount Arthur.
Mineworker Sam Stephens, an "objector" to the Mount Arthur case ending, said he quoted a judge in a similar matter for this case to continue.
He said he'd also given the Fair Work Ombudsman pay slips and other documents as evidence.
A spokesperson for Woolworths said four cases - Adero's class actions against it and Coles, and two Fair Work Ombudsman (FWO) prosecutions - were now being heard together.
"The FWO matter and class actions are listed for a seven-week trial from June 5, 2023," the Woolworths spokesperson said.
"We welcome the opportunity for further clarity from the court on the correct interpretation of the relevant provisions of the General Retail Industry Award."
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Mineworker Stuart Bonds - whose decision to run for the federal seat of Hunter began with the casuals issue - said regardless of the legal fine print, the casual employment arrangements "failed the pub test".
"For Mount Arthur casuals to get $40,000 less, and no leave entitlements, but their case is dead on a technicality, while other cases proceed, is morally wrong," Mr Bonds said.
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Ian Kirkwood
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
