Aldi Australia may be forced to pay out up to $10 million in underpayments after the Federal Court found distribution centre workers should have been remunerated for ‘pre-work’ tasks they were required to do.

The case was brought by the SDA trade union, who argued that Aldi distribution workers were unfairly required to arrive at work ten minutes before their designated hours in order to do a number of tasks that ranged from driving store pickers and making safety checks, to being available for “group physical warm-up and toolbox talk”.

Aldi argued its workers were only required to show up ready to work.

Judge Douglas Humphreys ruled there was a “clear implied direction” that employees had to arrive early and carry out these activities.

“There was no personal benefit to the employee in the activities carried out. Each was to the benefit of the employer,” said Humphreys.

“In these circumstances, the court is satisfied that the activities carried out constitute work.”

Aldi claims the SDA’s $10 million figure is “significantly inflated” and that the court ruling related to four employees only, in one distribution centre. The SDA and Federal Court both disagreed.

“Unlike the way the multinational likes to present itself in its advertisements, it turns out Aldi is not good and not different,” said Bernie Smith, SDA NSW’s branch secretary.

“Multinational companies operating in Australia can’t set their own rules.”

An Aldi spokesperson said: “We are reviewing the implication of the court’s decision on other employees across our business and will seek to apply the principles of the court’s decision fairly to any other affected employees.”

The court has not yet handed down a monetary penalty for the Fair Work Act breach.