This judgment is about listing the trial, but the business story is bigger. The alleged underpayments went back to 2017 to 2019. By the time the case is decided, some of the alleged underpayments will be more than a decade old. That is a serious reminder for any employer relying on old rosters, award interpretations, enterprise agreement settings and payroll records.
The Court accepted that counsel availability matters, especially where Senior Counsel has been involved for years. But it was not determinative. The case had already been delayed while related Woolworths and Coles proceedings were decided. The Court listed the final hearing for December 2026 and made clear that further delay was not acceptable merely because one side preferred later dates.
For small businesses, the practical lesson is not about briefing Senior Counsel. It is about readiness. Underpayment issues can sit in the background for years before litigation finally tests them. If your business discovers a payroll issue, investigate it properly, preserve records and fix the system. Do not assume complexity, related test cases or timetable pressure will make the problem disappear.