The Full Court confirmed that class actions can be rebuilt by amendment
A Federal Court has handed down a mixed ruling in a class action over salaried retail managers' pay and hours, with implications for employer compliance.
The Full Court of the Federal Court of Australia on 10 April 2026 delivered its decision in Cannan v Dollarama Australia Pty Limited [2026] FCAFC 41, a class action brought by Store Managers and Assistant Store Managers against the retailer now known as Dollarama Australia (formerly The Reject Shop).
The applicant, Bradley Cannan, filed the proceeding in April 2023 on behalf of himself and other Store Managers and Assistant Store Managers. The original claim alleged the General Retail Industry Award 2010 applied to their employment and that they had been underpaid for actual hours worked during the period from 24 April 2017 to 18 April 2023.
Dollarama disputed this, arguing that an enterprise agreement rather than the award governed the managers' employment throughout that period. A judge found that the enterprise agreement did apply and that the award did not, which meant the original group of claimants had no qualifying members.
As the Full Court recorded, quoting the primary judge: "[i]n short, it is now accepted—or, in any event, it is the case—that neither award applies or applied to the employment of [Dollarama]'s Store Managers or Assistant Store Managers. As presently defined, the group on behalf of which Mr Cannan brings the proceeding is...
Singer and actor Kim Min-jong has warned of a strong response, calling MC Mong's allegations "false information." OKims Law Firm, Kim Min-jong's legal representative, issued an official statement ...