The SDA Union’s groundbreaking case alleging that McDonald’s and its franchisees denied workers their legal rights to paid breaks has commenced in the Federal Court at the end of May.
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).
At McDonald’s, workers must receive a paid 10 minute rest break after working 4 hours or more. This is not optional and cannot be exchanged for a soft drink or a toilet break.
Through this case, the SDA is seeking:
- Compensation for workers denied paid 10 minute rest breaks;
- McDonald’s and its franchisees to pay penalties/fines for breaching workers’ rights.
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.
Am I eligible for any compensation?
You may be eligible for compensation arising from this case if you were employed at McDonald’s between 11 August 2016 and 10 August 2022 (inclusive).
What are the next steps?
This trial will run until September 17 2026. After the hearing concludes, the Federal Court will consider the evidence and deliver its judgment at a later date.
We will keep claimants and members up to date on these proceedings.
What about the SDA’s legal action over McDonald’s managers working unpaid before and after shifts?
This case is a separate matter we are taking to the Federal Court and is not a part of this trial.