McDonald’s sued for allegedly refusing paid breaks

“We are very mindful of our obligations under applicable employment laws, including the old company agreement and fast food industry award, and continue to work closely with our restaurants to ensure that employees receive all the correct rights and wages in the workplace.”


Federal Court documents filed by SDA lawyers Lieschke & Weatherill and obtained by this masthead stated that the McDonald’s Australia enterprise agreement applied to employers from 2013 to February 2, 2020 and that the price of l fast food industry applied from 3 February 2020.

The two awards were “substantially the same,” the document says.

“All employees entitled [who work 4 hours but up to 5 hours] entitled to a legal break or breaks.

“Compliant breaks” are paid breaks of 10 consecutive minutes that the employee can use as he wishes, and which are not limited to drinking or going to the toilet. The company agreement and the price of fast food contained the clause of paid breaks.

“These EA violations began in December 2015 … and ended on February 2, 2020,” the document states.

The SDA says McDonald’s was “systematic” and deliberately encouraged franchisees to deny workers paid breaks.

“The conduct was part of a systematic pattern, affecting numerous employees over many years, involving tickets on numerous shifts by employees, and continued despite complaints about the conduct,” the document states.

“The employers knowingly violated the EA and the award and therefore the law. The practice was set up by the managers of the employers who [had] It was taught that breaks should be given as a single, continuous, uninterrupted break.

Dwyer said the Federal Court’s demands are not just about compensating and penalizing McDonald’s. “This is to send a clear message that this systematic exploitation of young workers will not be tolerated,” Dwyer said.

Lucy, a 15-year-old McDonald’s employee, said the training she received from a 15-year-old classmate was substandard.

“If OH&S were to see it, I think they would try to shut down all Maccas,” she said. 3AW Friday.

“I have to work four hour shifts to get a 10 minute break. So I had to work three-and-a-half-hour shifts to save myself from having to take a break,” she said.

The complaint against McDonald’s is one of the largest in Australian history, according to the SDA.

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