A 12-month Fairfax Media investigation revealed how the SDA deals with employers left more than 250,000 workers paid less than the award – the wages safety net – and saved big business more than an estimated $300 million a year. Former Woolworths employee Darcy was being paid sub-award wages due to an EBA negotiated by the Shoppies. Credit:Wayne Taylor Independent senator Nick Xenophon moved for the new inquiry, saying the cosy enterprise agreements with big employers had disadvantaged low-wage workers. They had also provided an unfair advantage to big businesses by undercutting awards adhered to by smaller retailers, Senator Xenophon said. On Monday the Government, Labor opposition and the Greens supported the Xenophon push, even though the SDA is Labor's largest affiliate and carries significant political weight within the ALP.

SDA rival, the Retail and Fast Food Workers Union (RAFFWU), was created at the end of 2016. Josh Cullinan, the union official who exposed the dodgy deal between Coles and the SDA union. Credit:Penny Stephens RAFFWU secretary Josh Cullinan, who helped expose the wages scandal, said he supported Senator Xenophon's inquiry but said it should not delay separate changes proposed by Greens workplace spokesman Adam Bandt. "Workers are losing $1 million a day and that needs to be fixed immediately," Mr Cullinan said. Senator Nick Xenophon moved for the new inquiry, saying the cosy enterprise agreements with big employers had disadvantaged low-wage workers and small businesses. Credit:Andrew Meares

Mr Bandt has proposed changes to the Fair Work Act to protect workers from SDA-style wage deals that traded away penalty rates with inadequate compensation. Such amendments would ensure workers on collective agreements have their pay compared to the minimum full rate of pay in the award – which includes casual loadings and penalty rates – rather than just the minimum base hourly rate. Mr Bandt's proposed legislation has been referred to a separate Senate inquiry. In 2016, the full bench of the Fair Work Commission, in a landmark decision, quashed an agreement between Coles and the SDA as it underpaid workers and failed the 'better off overall test.' Coles workers are now employed on an older agreement from 2011 which is currently being challenged by night-fill worker Penny Vickers in the Fair Work Commission. Ms Vickers has launched a huge back-pay claim for tens of thousands of Coles workers and wants them to be paid award rates. The Commission recently agreed to give her access to Coles internal documents, a move opposed by the supermarket.

She has argued Coles had misled workers and the Commission on whether workers were paid above the award. Coles has denied this but recently a lawyer for the supermarket conceded in the Commission that about half the workforce was paid less than the award. Opposition workplace spokesman Brendan O'Connor said if there was a need for change to the better-off overall test, Labor would consider it. "Labor introduced the 'better-off overall test' after the former Liberal Government's WorkChoices abolished any fairness test, if the test needs to be strengthened then Labor will examine it." Employment minister Michaelia Cash attacked Labor's position.

"Mr Shorten and the union movement have no problem when big unions and big corporates do deals to cut Sunday rates, but pretend to be outraged when such rates are reduced for small businesses by the independent Fair Work Commission." Do you know more? Contact us securely via Journotips Follow Ben Schneiders on Facebook