Supersize wage theft claim: McDonald’s sued for allegedly denying paid breaks

“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.”

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Federal Court documents filed by SDA lawyers Lieschke & Weatherill and obtained by this masthead stated the McDonald’s Australia Enterprise Agreement applied to employers from 2013 to February 2, 2020, and the Fast Food Industry Award applied from February 3, 2020, onwards.

Both awards were “in substance the same”, the document stated.

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

“Compliant breaks” are paid breaks for 10 consecutive minutes that the employee can use as they choose, and is not limited to drinking or going to the toilet. Both the enterprise agreement and the fast food award contained the paid breaks clause.

“These EA contraventions started in December 2015 … and ended on February 2, 2020,” the document stated.

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

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

“The employers knowingly contravened the EA and award and thereby the Act. The practice was implemented by the employers’ managers who [had] been taught that the breaks had to be given in the form of a single, continuous and uninterrupted break.”

Dwyer said the Federal Court claims were not just about compensation and penalising McDonald’s. “It’s about sending a clear message that this systematic exploitation of young workers will not be tolerated,” said Dwyer.

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

“If OH&S were to see it, I reckon they’d try and shut down all the Maccas,” she told 3AW on Friday.

“I have to work four-hour shifts to get a 10-minute break. So I’ve been getting put on three-and-a- half hour shifts to avoid me having to get a break,” she said.

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