Important lessons from major supermarkets’ underpayment litigation: Webinar with Macpherson Kelley

Industrial Relations with Macpherson Kelley Webinar – Why You Should Attend:

• Learn about the recent overtime case with major supermarkets and implications for your business and its salaried employees
• When do I need to pay overtime?
• What records do I need to keep?

In September 2025, the Federal Court of Australia delivered its highly anticipated decision relating to underpayment allegations made against major supermarkets by the Fair Work Ombudsman and various salaried employees. Following these findings, it is estimated that the nation’s two largest grocery retailers could face a combined remediation bill of around $1 billion. The Court’s observations concerning the inadequacy of the supermarkets’ overtime record-keeping practices have rightly caused widespread concern among employers across the country, many of whom would have similar or less comprehensive arrangements in place.

Macpherson Kelley will share learnings from this aspect of the case and will also discuss the often-misunderstood but crucially important relationship between annual salaries (specified in an employment agreement) and entitlements provided by modern awards, which also played a central role in the Court’s decision.

The webinar session will cover the following key topics and issues:

• The critical importance of understanding modern award coverage and dispelling common myths, particularly in relation to salaried employees.
• How employment agreements, individual flexibility arrangements and workplace policies can (and cannot) assist in discharging or limiting modern award obligations and manage the associated risks; and
• The scope and importance of record-keeping obligations, with a particular focus upon records needed in relation to overtime (as recently clarified by the Federal Court).

Walk away with clear guidance on modern award obligations, employment agreements, and record-keeping practices to help protect your business and stay compliant.

About the Facilitator:

Braney Adams, Principal Lawyer, Employment, Safety and Migration at Macpherson Kelley, advises and collaborates with businesses across all aspects of employment law, and he has specific expertise in workplace health and safety. Barney’s attention to detail and passion for effective communication have earned him a reputation as a lawyer with exceptional technical and drafting skills. These skills enable Barney to guide his clients safely through the labyrinth of Australian workplace laws to achieve their objectives.

For more information about underpayments and key takeaways for employers, click here to read Barney’s latest insight article.