In late 2018, WHSmith undertook a review of its payroll systems and processes and determined that it had inadvertently contravened the Fair Work Act 2009 (Cth) (FW Act), the General Retail Industry Award 2010 and the Fast Food Industry Award 2010 (Modern Awards) primarily in relation to overtime entitlements of part time employees and where employees have worked shifts without having a 12 hour break.
On 18 April 2019, WHSmith formally admitted to the Fair Work Ombudsman (FWO) that contraventions of the FW Act and Modern Awards had occurred and consequently a number of employees had been underpaid.
WHSmith expresses its sincerest regrets and apologises for these contraventions. Furthermore, WHSmith gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future.
WHSmith has now entered into an Enforceable Undertaking with the FWO to ensure its ongoing compliance with Commonwealth workplace laws.
WHSmith will, as a result of the Enforceable Undertaking, commit to undertake a number of activities to ensure its ongoing compliance such as, conducting three independent audits and formally apologising to individual employees.
If you worked for WHSmith during the period October 2013 and April 2019 and have queries or questions relating to your employment, please contact either:
(a) the employee hotline that has been established to assist you with your enquiries, on a confidential basis if required. You can contact the hotline on 02 9098 2897 or at email@example.com; or
(b) alternatively, anyone can contact the FWO via www.fairwork.gov.au or on 13 13 94.