Coles has confirmed that it will be defending the claims made by Shine Lawyers in a class action lawsuit, according to a filing to the Australian Securities Exchange (ASX).

The supermarket giant is accused of denying proper penalty rates to casual workers in South Australia for work performed on Sundays. Shine Lawyers alleged that the transgressions took place between December 23, 2023, and December 31, 2023. 

Under South Australian law, Sundays were legislated as public holidays from the year 1910 until 31 December 2023, meaning eligible employees should have received public holiday penalty rates and other entitlements for work performed on those days.

Woolworths, McDonald’s, Big W, and Hungry Jacks are also accused in the lawsuit, which was announced by Shine Lawyers last month.

“Workers in these actions were entitled to public holiday penalty rates for working on Sundays. and these employers have failed to meet those obligations. This is not a state-wide sweep. We are pursuing employers who we will allege failed in their legal obligations to workers” said Craig Allsopp, Shine Lawyers’ head of class actions.

In an acknowledgment of the filing on the ASX, Coles said: “Coles Group Limited has been notified that a class action has been filed against Coles Supermarkets Australia Pty Ltd in the Federal Court of Australia by Shine Lawyers.

“Coles will defend the proceedings. Coles does not consider the proceedings to be market sensitive.”

Shine Lawyers is working in partnership with the Retail and Fast Food Workers Union (RAFFWU) on the cases.