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Terms of Reference for the Independent Franchisee Review and Staff Claims Panel (the Panel)

7-ELEVEN STORES PTY LTD (7-ELEVEN)

(ACN 005 299 427)

TERMS OF REFERENCE FOR PANEL

Payroll compliance in 7-Eleven stores

To undertake an investigation into allegations of non-compliance by 7-Eleven’s Franchisees with their payroll obligations and in particular to:-

1. Invite the submission by any person (“Claimant”) who is, or has been, an employee of a 7-Eleven Franchisee of any claim for alleged underpayment of wages whilst so employed (“Claim”)  whether by reason of:-

a. payment at a rate lesser than that required under the relevant Modern Award or any applicable enterprise agreement;

b. understatement of hours worked;

c. persons other than the Claimant having been paid for hours worked by the Claimant;

d. non payment of penalty rates when applicable; or

e. otherwise;

2. Review and assess each Claim and as considered appropriate, interview the Claimant and/or request the production from the Claimant of such notes, pay slips, records of payment or other documents or material as may be relevant to or support the Claim;

3. In relation to any  Claim where the payroll service made available by 7-Eleven was availed of, requisition from 7-Eleven copies of such of the payroll records and documents pertaining to the Claimant as may be relevant to the Claim;

4. Where practicable make enquiry of and seek from the franchisee by whom the Claimant is or was employed such explanation, information, payroll and staff attendance records or other documents or material as may  be deemed necessary or appropriate:

5. Interview and take statements from former co-employees of the Claimant or other persons considered to have an awareness of, or otherwise are able to provide information relevant to, the Claim;

6. Arrive at a determination in relation to each Claim as to: 

a. whether and for what amount the Claimant has been underpaid;

b. the period during which the Claimant was underpaid; and

c. the circumstances in which or the method by which such underpayment occurred;

7. As soon as practicable following the making of a determination in relation a Claim provide to 7-Eleven’s Chief Executive Officer a report of the Panel’s findings together a certification as to the amount of money by which the Claimant is considered by the Panel to have been underpaid.