Hundreds of thousands of young Aussie workers could be impacted.
This week, the SDA Union’s groundbreaking case alleging that McDonald’s and its franchisees denied workers their legal rights to paid breaks commenced in the Federal Court.
This case is regarding the provision of 10-minute paid rest breaks after working for 4 hours under the McDonald’s Australia Enterprise Agreement 2013 (which applied until February 2020) and the Fast Food Industry Award (which applied after February 2020).
In this case, the SDA has applied for:
- Compensation for workers denied paid 10-minute rest breaks; and
- Orders that McDonald’s and its franchisees pay fines for breaching workers’ legal rights.
The SDA is seeking orders that McDonald’s Australia pay fines for being an accessory to McDonald’s franchisees denying workers’ rights to breaks.
This trial will run over 9 weeks, taking evidence in Sydney, Adelaide and Melbourne.
This is a trial of test cases from a group of more than 300,000 affected workers, and more than 100 witnesses are scheduled to give evidence. The SDA test cases are workers from the Collinswood and Munno Para stores in South Australia. One witness is alleged to have been denied 827 paid 10-minute rest breaks, equating to 8,270 minutes of unpaid work – or 18 full working days.
This case is separate to the SDA’s Federal Court case regarding compensation and fines for McDonald’s managers working without pay before and after their shifts.
“Young workers – often in their first jobs -should be able to rely on a massive company like McDonald’s to do the right thing.” “Young workers often won’t have the confidence to challenge their employer about whether they are getting their legal rights.”
“Sadly, the SDA’s case is that McDonald’s let down young Australians, and made them work when they were legally entitled to a paid break.”
Quotes attributable to SDA SA&NT Secretary, Josh Peak:
“It shouldn’t take a huge federal court case for McDonald’s to just do the right thing.”
“McDonald’s should admit what they did was wrong and pay these impacted workers what they are owed.”
Quotes attributable to SDA National President, Michael Donovan:
Media Contact: Jim Middleton – 0418 627 066