Fair Work Ombudsman v Woolworths Group Limited (The Calculation Employees) [2022] FCA 203

Fair Work Ombudsman v Woolworths Group Limited (The Calculation Employees) [2022] FCA 203

Due to insufficient information to choose between the proposed numbers, applying the precautionary principle, the proceedings should advance on the basis of 32 Calculation Employees to avoid the risk of the sample being too narrow and difficult to expand later.

Jurisdiction
Australia
Judgment Date
09 March 2022
Procedural Posture
Employment and Industrial Relations / Interlocutory Decision Regarding Sample Size for Calculation Employees
Outcome
The parties are to proceed on the basis of 32 Calculation Employees as proposed by the Applicant.
Legal Topics
['underpayment' 'sample Group Selection' 'class Action Procedure']
['employment Law' 'industrial Relations'] ['underpayment' 'sample Group Selection' 'class Action Procedure']

Case Brief

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Procedural Posture

Employment and Industrial Relations / Interlocutory Decision Regarding Sample Size for Calculation Employees

Legal Issues

  1. 1 ['How many Calculation Employees should be used as a sample in assessing alleged underpayment claims against Woolworths.']

Ratio Decidendi

Due to insufficient information to choose between the proposed numbers, applying the precautionary principle, the proceedings should advance on the basis of 32 Calculation Employees to avoid the risk of the sample being too narrow and difficult to expand later.

Court Disposition

The parties are to proceed on the basis of 32 Calculation Employees as proposed by the Applicant.

Orders

  • ['The parties confer and provide to Chambers, within 7 days, a short minute of order giving effect to these reasons and addressing any outstanding pleading questions.']