Wage Claims Program

7-Eleven is committed to investigating claims of underpayment of wages by 7-Eleven Franchisees subject to the conditions set out below.

Important note

We have recently agreed with the Fair Work Ombudsman that:

·         7-Eleven will pay all underpayment claims relating to the period before 1 January 2016 only, subject to (i) those claims already being notified to us already or being notified to us before 6 May 2018; (ii) us verifying those claims and (iii) claimants assigning their claim against the relevant franchisee to us and agreeing to assist us in legal proceedings against the franchisee to recover that claim;

·         claimants will have a period of 3 months from the time they lodge their claim to provide all information we require to process their claim.  Failure to provide this information means that claim will not be paid;

·         from 6 May 2018, wage claims solely relating to the period prior to 1 January 2016 will not be processed through the Wage Claims Program but you can still purse these claims directly with the relevant franchisee; and

·         from 6 May 2018 onwards, claims that relate to both the period before and after 1 January 2016 or the period after 1 January 2016 only will be processed through the Wage Claims Program (WCP).

7-Eleven’s WCP receives and assesses claims of wage underpayment, as part of 7-Eleven’s obligations under the Proactive Compliance Deed signed with the Fair Work Ombudsman.

It is important that claimants submit a claim as soon as they become aware of any illegal payment practices.  Where a claim has been substantiated to 7-Eleven’s reasonable satisfaction (including seeking input from the subject franchisee), 7-Eleven will present the claim to the relevant franchisee for their consideration and response. 

In certain circumstances – largely where underpayment is currently occurring and there is an issue or delay in recovering from the franchisee - 7-Eleven has also committed to making appropriate payments to affected workers. This is explained below.

Please use the form below to submit a new claim.

If you have previously submitted a claim to one of 7-Eleven's earlier repayment programs, your claim will have been fully assessed under that program.

WHAT TO EXPECT WHEN MAKING A CLAIM

Having made a claim, 7-Eleven will gather and review information from the following sources:

·         information you provide;

·         information 7-Eleven gathered relating to relevant store operations; and

·         information provided by the relevant franchisees

It is important to understand that in gathering this information and assessing your claim, with your consent, 7-Eleven will necessarily have to disclose your name and claim information to the relevant franchisee.

Where a claim for underpayments relating to the period prior to 1 January 2016 only has been substantiated to 7-Eleven’s reasonable satisfaction (including after seeking and reviewing input from the subject franchisee), then provided your claim was lodged prior to 6 May 2018, 7-Eleven will pay that claim provided you also agree to assign your right to claim against the franchisee to us and to assist in legal proceedings to recover the amount of that claim. 

Where a claim for underpayments relating to the period prior to 1 January 2016 only was lodged after 6 May 2018, 7-Eleven will not be required to process that claim, however, you can still pursue the franchisee directly to recover the amount of that underpayment.  You can seek help from Fair Work or your own lawyers to help with this.

If your claim for underpayments relates to the period both prior to and after 1 January 2016 or only for the period after 1 January 2016 and has been substantiated to 7-Eleven’s reasonable satisfaction (including after seeking and reviewing input from the subject franchisee), then 7-Eleven will present the claim to the relevant franchisee, requesting that they rectify the underpayment.

The balance of this information relates to claims that fall within this last category.

Franchisees may acknowledge a claim and agree to rectify the underpayment. Equally, franchisees are also within their rights to dispute all or part of a claim presented to them.

Where a franchisee disputes all or part of a claim, 7-Eleven will be unable to proceed any further with your Claim. In these circumstances, 7-Eleven recommends that you seek your own independent legal advice on any rights you may have to obtain further compensation directly from the franchisee.

It is important to note that whilst payments will be sought from franchisees, 7-Eleven is only acting as a facilitator between claimants and franchisees.  Only in limited circumstances will 7-Eleven make payment in the event the franchisee disputes the claim (see below).

ARE THERE ANY CIRCUMSTANCES WHERE 7-ELEVEN WILL PAY A CLAIM?

If the franchisee does not pay within 30 days, 7-Eleven will step in and make the payment to affected workers if your claim was submitted within 90 days of you becoming aware, or being asked to participate in, the following forms of underpayment:

·         You were requested to pay amounts to your franchisee or its representatives (sometimes referred to as ‘cash back’ arrangements);

·         You were required to perform additional work at places other than 7-Eleven; or

·         7-Eleven’s systems were deliberately misused, such as failing to record hours through the system.

These measures are in place to encourage workers to come forward promptly, so that 7-Eleven can properly investigate and take appropriate action against individual franchisees and process claims in a timely manner.

WHAT IF MY CLAIM RELATES TO A PERIOD OVER 90 DAYS AGO

If your claim relates to an underpayment period over 90 days ago, 7-Eleven will process this as follows:

Claims relating to a period over 6 years ago:

The WCP will not process claims which relate to an underpayment period over 6 years ago. Under the Statute of Limitations, a 6 year limitation period applies for claims to be brought to action before a court. This law prevents parties from recovering on claims that are over 6 years old.

Claims against a Franchisee whose Trading Company is no longer legally active    

The WCP is unable to process claims against trading companies which are no longer legally active. If you submit a claim, the WCP will contact you to request specific details of the franchisee and period your claim relates to. Upon investigating your claim, if this relates to a franchisee whose trading company is no longer legally active, the WCP will inform you that we cannot proceed any further with your claim.

CLAIMANT INFORMATION AND CONSENTS

7-Eleven requires you to consent to the following upon submitting a claim:

Releasing information to the Franchisee

As 7-Eleven will be requiring the relevant Franchisee to rectify any underpayment which is substantiated to 7-Eleven’s reasonable satisfaction, we will require your consent to release your information, including your identity, to the Franchisee.  If you choose to withhold consent, 7-Eleven cannot request the franchisee to rectify and compensate you for the underpayment claim, however please contact the 7-Eleven Franchisee Employee Helpline to lodge a complaint to assist 7-Eleven with investigating any ongoing misconduct by franchisees.

Releasing information to cross-check claims

7-Eleven will also ask for your consent to cross-check your claims with previous repayment programs to ensure that claimants are not lodging identical claims. 7-Eleven cannot process your claim without this.

Disclosure of information to the Fair Work Ombudsman may also be required by law.

7-Eleven Wage Claims Program Registration Form

To submit your claim to 7-Eleven’s Wafe Claims Program, please provide the information below (*indicates mandatory fields):

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Please enter your name and contact details below:

Which Store or Office does your claim relate to?

Store 1:

Store 2:

Store 3:

Store 4:

Store 5:

Brief overview of the issue you would like to report or claim you would like to submit: (1000 characters max)

In order to assess your entitlement to claim at the correct rate of pay, please explain as best you can recall your employment terms. (Estimates are OK)

For example: ‘I worked 5 days per week, Thursday to Tuesday from 11pm to 7am’ or ‘I worked 8am to 5pm on Mondays and 11pm to 7am on Fridays’

CONSENT
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All claims will be investigated and determined as quickly as possible. Once you have registered your claim via the form above, 7-Eleven’s Wage Claims Program will contact you to process your claim, including collecting your proof of identity and as much evidence as you can provide to substantiate your claim.

7-Eleven will not disclose your identity beyond the WCP unless otherwise required by law (for example, by way of a formal order or notice to produce such information to FWO).