The McDonald’s franchisee who ran McDonald’s Murray Bridge has paid $275,000 for fines and legal costs, and admitted appalling breaches of workers’ rights, to settle a Federal Court case brought by the SDA.
The employer admitted that:
- “Over…5 years…senior managers…engaged in an unlawful campaign to de-unionise the workforce, including unlawfully inducing members to resign from the SDA and unlawfully persuading potential members not to join the SDA.”
- “The Former McDonald’s Franchisee unlawfully instructed or encouraged managers to discourage employees from joining the SDA and from staying SDA members…”
- “…managers pressured employees to give up their permanent part time employment and become casual, by telling them their hours would be cut if they did not give up their permanent employment and become casual…”
- “…senior managers falsely and unlawfully told…employees that they could not be promoted to be a manager if they were an SDA member….Telling employees that they had to or should give up their union membership if they wanted to be a manager is unlawful adverse action that breaches the Fair Work Act 2009.”
McDonald’s Murray Bridge workers were threatened with demotion and cuts to hours if they remained SDA members, with lists of union members posted on a noticeboard.
The SDA believes this is a world first: a McDonald’s store confessing to an unlawful campaign to de-unionise the workforce.
Hundreds of McDonald’s workers across Australia have reported near-identical union busting attempts at McDonald’s stores to the SDA.
All workers have the right to join their union. Working with brave workers like those from Murray Bridge McDonald’s, the SDA will keep stamping out unlawful anti-union behavior across the retail, fast food and warehousing industries.
This case shows that the Fair Work Act must be strengthened to protect workers against abuse of their basic, fundamental workplace rights including the right to the protection by their Union.
The SDA is investigating further legal action against other McDonald’s stores that have engaged in similar unlawful conduct.
This is the most significant Australian case holding an employer to account for attempted Union busting since the waterfront dispute in the late 1990’s.
After the case was launched, the franchisee stopped operating McDonald’s stores.
Most of the $275,000 settlement will be paid to workers who were subjected to unlawful attacks on their workplace rights at McDonald’s.
All workers have the right to join their union
Letting your employer get away with this erodes your rights and power at work.
You have a right to be part of your union and the best way you can stand up against this is by joining today.
Say no to your employer’s diminishing your rights at work – join the SDA today.
The SDA is aware of anti-union practices and tactics occurring at workplaces all over the country.
If you’re aware of workers in your store being forced to resign their union membership or told not to join at your work, report it.