Baker v Woolworths Group Limited (No 2) [2022] FCA 534

Baker v Woolworths Group Limited (No 2) [2022] FCA 534

The proposed settlement and discontinuance was neither fair nor reasonable in the interests of group members, as it materially disadvantaged them by depriving them of the class action as a vehicle to vindicate their underpayment claims. Risks included the running of limitation periods, uncertainty regarding the outcome or continuation of the FWO proceeding, and loss of access to their current legal representatives. On this basis, the court could not approve the proposal.

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Application for Settlement and Discontinuance Approval; Application Withdrawn Prior to Determination
Outcome
Application for approval of settlement and discontinuance withdrawn; interlocutory application dismissed by consent.
Legal Topics
['representative Proceedings' 'class Action Settlement Approval' 'salary Underpayment' 'fair Work Act Compliance']
['employment Law' 'industrial Relations' 'civil Procedure'] ['representative Proceedings' 'class Action Settlement Approval' 'salary Underpayment' 'fair Work Act Compliance']

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Procedural Posture

Representative Proceedings (class Action) / Interlocutory Application for Settlement and Discontinuance Approval; Application Withdrawn Prior to Determination

Legal Issues

  1. 1 ['Whether the proposed settlement and discontinuance of a class action should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Whether the proposed settlement and discontinuance is fair and reasonable in the interests of group members']

Ratio Decidendi

The proposed settlement and discontinuance was neither fair nor reasonable in the interests of group members, as it materially disadvantaged them by depriving them of the class action as a vehicle to vindicate their underpayment claims. Risks included the running of limitation periods, uncertainty regarding the outcome or continuation of the FWO proceeding, and loss of access to their current legal representatives. On this basis, the court could not approve the proposal.

Court Disposition

Application for approval of settlement and discontinuance withdrawn; interlocutory application dismissed by consent.

Orders

  • ['The interlocutory application filed on 12 November 2021 is dismissed.' 'The matter is listed for case management hearing with proceeding NSD 581 of 2021 before Justice Perram on a date to be fixed.' 'No order as to costs.']