Wage Claims Program

7-Eleven remains committed to investigating all claims of underpayment of wages by 7-Eleven Franchisees.

From 1 February 2017, 7-Eleven’s Internal Investigations Unit (IIU) will receive and assess all new 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 the 7-Eleven Wage Repayment Program (WRP), 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 has then been substantiated to 7-Eleven’s reasonable satisfaction (including after seeking and reviewing input from the subject franchisee)  , 7-Eleven will present the claim to the relevant franchisee, requesting that they rectify the underpayment.

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 IIU 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 IIU is unable to process claims against trading companies which are no longer legally active. If you submit a claim, the IIU 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 IIU 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 Employee Helpline to lodge a complaint to assist 7-Eleven with investigating any ongoing misconduct by franchisees.

Releasing information to the Wage Repayment Program

7-Eleven will also ask for your consent to discuss your claim with the Independent Secretariat supporting the former WRP to ensure that claimants are not lodging identical claims with both programs. 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 Internal Investigations Unit, 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 Internal Investigations Unit 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 IIU unless otherwise required by law (for example, by way of a formal order or notice to produce such information to FWO).