Aldi underpaid Sydney workers, judge finds

A judge has found Aldi illegally made staff start work 15 minutes before their rostered time. Photo: AAP
Aldi could be liable for millions of dollars in compensation after a Federal Court judge found the supermarket chain had underpaid warehouse workers.
The court has found Aldi breached employment laws by directing employees to begin work 15 minutes before their rostered starting time.
Workers at a Sydney distribution centre were required to undertake a number of tasks before clocking on, including completing safety checks on forklifts, checking communication devices and undertaking a group warm-up activity.
Aldi claimed it was not underpaying its workers and that employees were only expected to be ready to commence work at the start of their rostered shifts.
But Judge Douglas Humphreys said he was satisfied there was a âclear implied directionâ that employees had to arrive early and undertake those tasks, and that a consistent failure to comply would lead to disciplinary action.
âThere was no personal benefit to the employee in the activities carried out. Each was to the benefit of the employer,â he said in his findings.
âIn these circumstances, the court is satisfied that the activities carried out constitute work.â
The SDA retail and warehouse union claims Aldi owes its distribution centre workers up to $10 million in unpaid wages for working an extra 10 minutes per shift.
It says the decision could affect about 4000 current and former workers, a claim disputed by Aldi.
The company said it respected the courtâs decision and was determining the payment owed to four employees directly impacted by the proceedings.
âWe are reviewing the implication of the courtâs decision on other employees across our business and will seek to apply the principles of the courtâs decision fairly to any other affected employees,â an Aldi spokesperson said on Wednesday.
âNumbers quoted by the SDA are significantly inflated and are not representative of the number of employees we believe may be impacted by the decision.â
The SDA said it was still working through calculating individual back-pay amounts for its members.
âAldi joins a long list of large employers found to have underpaid their workers,â NSW branch secretary Bernie Smith said.
âUnlike the way the multinational likes to present itself in its advertisements, it turns out Aldi is not good and not different.
âMultinational companies operating in Australia canât set their own rules.â
Judge Humphreys is yet to make any orders regarding penalties. The parties are scheduled to return to court on Friday for a directions hearing.
â AAP








