Coles

Coles, Woolworths, McDonald's and Hungry Jack's have denied underpaying employees in class actions over Sunday pay entitlements in South Australia, saying that if workers were underpaid, they can set off any amounts owed against mistaken overpayments.

A judge has criticised lawyers acting in underpayments cases against Coles and Woolworths for overly lengthy submissions and a lack of cooperation, saying the dispute has gone “off the rails”. 

Coles has told a court that its decision to change its discount policies was unsurprising during a period of significant inflation, denying claims by the ACCC that its ‘Down Down’ promotions were misleading.

Coles increased prices on hundreds of products only as part of a plan to later mark them with a ‘Down Down’ promotion, despite the price being lower only weeks before, the ACCC has argued.

Another Coles manager has faced questioning in a case alleging the supermarket giant's 'Down Down' campaign was illusory, admitting the "only reason" for a four-week price jump on quince paste was to enable a discount. 

The ACCC has attacked the evidence at trial of a Coles manager who signed off on an alleged misleading discount on dog food, which was sold at a lower price just seven days earlier.

Facing claims it misled customers with its 'Down Down' pricing, Coles has urged the court not to second guess its judgment, but a judge overseeing the case has said competitive pressures do not excuse misleading promotions.

Coles changed its marketing policies after being concerned it could not compete with Woolworths, a court has heard on the first day of trial in the consumer regulator’s case over the supermarket's “utterly misleading” discounts.

Supermarket giant Coles and fast-food chain Hungry Jack's are among companies facing class actions by South Australian employees over Sunday pay entitlements.

The merger regulator will put Coles Group's proposed purchase of a Kalgoorlie supermarket and liquor store site in the hot seat, saying the leasehold acquisition could limit competition and needs further scrutiny.