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
-From 1 February2020, only claims that relate soley to the period after 1 January 2018 will be processed through WCP.
- For periods prior to 1 January 2018, you may seek assistance from Fair Work or your own lawyers for any wage claims outside of this claim period. 7-Eleven will continue to provide reasonable assistance for people raising claims in relation to that period, however, 7-Eleven will not process those claims through the WCP.
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 relevant franchisee),7-Eleven will present the claim to that franchisee for their consideration and response.
In certain circ*mstances 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 franchisee
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 informationto the relevant franchisee.
Where your claim for underpayment relates to a period after 1 January 2018 only, and has been substantiated to 7-Eleven’s reasonable satisfaction (including after seeking and reviewing input from the relevant franchisee),then7-Eleven will present the claim to that 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.
Except in certain circ*mstances (explained below), where a franchisee disputes all or part of a claim,7-Eleven will be unable to proceed any further with your Claim. In these circ*mstances, 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 certain circ*mstances will 7-Eleven make payment in the event the franchisee disputes the claim (see below).
CLAIMS AGAINST A FRANCHISEE WHOSE TRADING COMPANY HAS BEEN DE-REGISTERED
The WCP is unable to process claims against trading companies which are de-registered meaning they 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.
ARE THERE ANY CIRc*msTANCES WHERE 7-ELEVEN WILL PAY A CLAIM?
If the franchisee does not pay within 30 days of being requested to rectify the underpayment by 7-Eleven, 7-Eleven will only step in and make payment to the affected workers to rectify the franchisees underpayment in the following circ*mstances.
- 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.
and you submitted your claim to 7-Eleven within 90 days of first becoming aware of or first being asked to participate in one of the 3 types of conduct listed above.
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.
