Global supermarket giant Aldi feeling "vindicated" despite its claims against the TWU’s safety and wages campaign being dismissed.
The Federal Court has ruled against supermarket giant Aldi on March 6 in its bid to stop the Transport Workers Union (TWU) from speaking out about unsafe practices.
According to the TWU, Aldi truck drivers had raised concerns about being pushed to drive long hours, skip safety procedures, operate faulty trucks, work in stores and distribution centres with blocked fire exits, faulty electrics, filthy floors, rotting meat left out and no lighting during night deliveries.
The TWU says it has also uncovered evidence of transport operators in the Aldi supply chain not training drivers adequately, not maintaining their trucks and failing to pay drivers proper rates and superannuation.
However, Aldi says it feels vindicated with the March 6 judgement, pointing out that the court clearly stated that the TWU’s conduct had been misleading and deceptive.
“The judgement also acknowledges evidence that ALDI has made several attempts to engage with the TWU and they have not responded to our offers,” an Aldi Australia spokesperson says.
“The court also recognised the quality of our transport safety procedures. We do the right thing in our transport operations not because of pressure from outside parties or to meet regulatory requirements, we focus on the highest safety standards because it is consistent with one of our company’s core values – responsibility.
“The judgement determined that this legal action was justified in protecting Aldi’s commercial interests and was never about silencing Australian workers.
“All Aldi employees and the employees of our business partners have the right to freely join unions,” the spokesperson says.
“We have not, and will not, work to silence the voice of Australia’s union movement. We simply demand that they tell the truth.
“It is disappointing that a legal technicality appears to allow the TWU to peddle lies and mistruths with impunity.”
Earlier, Aldi had stated that the TWU’s claims were lies and it would not stand accused of such actions.
“The TWU has on multiple occasions accused Aldi of deaths on roads, underpaying employees, knowingly placing employees in harm’s way, violating heavy vehicle regulations, poorly maintaining our transport fleet, ignoring responsibilities within our supply chain and silencing workers,” said Damien Scheidel, managing director corporate logistics of Aldi Australia.
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TWU members protesting outside an Aldi store in 2018.
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Following the verdict, TWU national secretary Michael Kaine said it was an important day for truck drivers and their right to speak out about safety in a deadly industry.
“Aldi, a global retailer, tried to take on Australian truck drivers in a lengthy and costly legal battle and it failed.
“This case shows that companies like Aldi will try every law in the land to shut workers up but eventually the truth comes out.
“We will now write to Aldi asking them to meet us and discuss how they can make their supply chains safe. We hope they will take us up on this offer and help save lives,” Kaine says.
“Trucking is Australia’s deadliest industry and Government reports constantly state the number of people killed in truck crashes is disproportionally high.
“It is incumbent on every retailer, manufacturer and oil company to ensure that their goods are being transported in the safest possible way, otherwise people die.
“Truck drivers every day are being pressured to speed, drive long hours and skip their mandatory rest breaks because of the pressure to keep transport costs down.
“Aldi instead of silencing drivers needs to listen to them and make their supply chains safer.”
The court threw out Aldi’s charge of “misleading and deceptive conduct”, stating: “The pressure put on drivers transporting Aldi goods inevitably, but regrettably, occasioned contraventions by drivers of safety standards imposed by Aldi.”
Evidence by a truck driver in the case about a being forced to driver a faulty Aldi truck “would warrant serious injury”, the judgment adds.
The TWU said the case threatened freedom of speech since it is rare for a company to sue a non-government organisation over “misleading and deceptive conduct”.
“It could have led to civil society groups being gagged against raising issues to do with human rights, environmental and worker abuses.”
Aldi had dropped key charges following hearings last year in the long-running case including accusations of trespass, nuisance and secondary boycott in relation to protests the TWU and truck drivers have held outside Aldi stores and premises to highlight safety concerns. It also dropped the charge of damage to reputation as an employer of choice.