Fast Food Workers Union Hauls SA McDonald’s To Federal Court Over Claims Of Wage Theft

Allegedly denied drink breaks


Article heading image for Fast Food Workers Union Hauls SA McDonald’s To Federal Court Over Claims Of Wage Theft

The union representing Australian fast food employees is fighting to protect the pay and conditions of young workers across the country.

It comes as the SDA launches action in the Federal Court with allegations that up to 250,000 McDonald's staff in Australia didn't receive their proper entitlements for paid rest breaks.

The lawsuit, which began in Adelaide, has now become a state-wide concern.

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National Secretary Gerard Dwyer said McDonald's is a major employer in the regions and it's important the company meets its obligations.

"There will be thousands of current and former McDonalds workers effected across the regions and getting representation from the SDA.

"It’s unacceptable that so many of them were denied their legal breaks," he said.

"The money that's owed for those employees needs to get to them as soon as possible and not stay in the pockets of the corporation.

- Mr Dwyer

Under McDonald's enterprise agreement, workers are entitled to a paid 10-minute drink break for a five-hour or more shift and two paid drink breaks if they work more than nine hours.

A McDonald’s Australia spokeswoman said the company were confident they had followed the rules regarding rest breaks.

“Those arrangements have been known to the SDA for many years,” she said.

“The manner of taking breaks has not been challenged or raised by the SDA as a matter of concern throughout successive enterprise bargaining processes for new industrial agreements.

“We are very mindful of our obligations under applicable employment laws, including the former enterprise agreement and the Fast-Food Industry Award, and continue to work closely with our restaurants to ensure employees receive all correct workplace entitlements and pay," the McDonald's spokesperson said.

SDA's wage theft claim against McDonalds and 328 operators is seeking at least $250 million in compensation for more than 250,000 people.

If successful, it could be one of the biggest cases of its kind in Australia.

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12 August 2022

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