The Retail and Fast Food Workers Union (RAFFWU) has launched court action against two companies that operate the Harry Hartog and Berkelouw bookshops, alleging workers were punished for taking protected industrial action.

The case targets Berkelouw Leichhardt Pty Ltd and Cordeaux Creek Pty Ltd, which operate all 14 Harry Hartog bookstores along with four Berkelouw Books stores in Paddington, Leichhardt, Mona Vale and Hornsby.

RAFFWU claims the employers took “adverse action” against union members during a dispute over a workplace agreement by cutting shifts and reducing pay for workers who took part in industrial action.

Dispute over workplace agreement

According to RAFFWU, the dispute centres on an enterprise agreement originally made in 2012. The union says more than 100 bookshop workers pushed for a new agreement in 2025 that would improve wages and conditions.

RAFFWU Director of Strategic Litigation Josh Cullinan said workers voted overwhelmingly to take industrial action after negotiations stalled.

“On 3 December 2025 an independent ballot agent declared a staggering 98% of workers had voted to authorise industrial action,” Cullinan said.

Workers began industrial action shortly after, including strikes in the lead-up to Christmas.

Allegations of cut shifts and pay

The union alleges that during the industrial action, some workers had their pay reduced and shifts removed, with hours reassigned to other staff.

“We allege the employers stripped workers of shifts because they were implementing bans, on strike, represented by RAFFWU,” Cullinan said.

“Members were shocked to see their shifts stripped from them and handed to strike breakers.”

Cullinan said the legal action aims to defend workers’ rights to take protected industrial action.

“RAFFWU will never allow employers to unlawfully target members engaged in protected industrial action,” he said.

RAFFWU Members at Berkelouw Books Leichhardt Walk Out on Strike – Anita Donovan in Front With Sign (image supplied)

Worker says shifts disappeared before Christmas

Berkelouw Books Leichhardt bookseller Anita Donovan said she noticed changes to her roster just before Christmas.

“I took note of my roster on the 22nd of December. On Christmas Eve I saw that both my regular shifts for the following week had been cut,” Donovan said.

“There was no notice, my shifts were simply handed to people who weren’t taking action.”

Donovan said she remained committed to pushing for better conditions.

“I love what I do. Taking action for fair wages doesn’t change that, but taking part in a lawful campaign has made me a target,” she said.

Why this matters for small business owners

While the claims have yet to be tested in court, the case is a reminder of the legal risks businesses face during workplace disputes.

Under Australian workplace laws, employees who take part in protected industrial action have certain legal protections. Employers who take action against workers because of their involvement in industrial activity can face legal consequences if the courts find those actions were unlawful.

For small business owners, the case highlights the importance of getting proper advice before changing rosters, pay or working arrangements during disputes or bargaining periods.

If the court finds in favour of the workers, it could reinforce the rules around how businesses manage staff during industrial action – especially when it comes to rostering decisions and pay.

The employers have not yet publicly responded to the allegations, and the matter will be decided by the court.

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