McDonald’s franchisee sued by SDA union

By Sarah Stowe | 03 Aug 2021 View comments

A McDonald’s franchisee is being taken to court by the South Australian Branch of the fast food workers’ union SDA, for allegedly not allowing workers to take paid rest and drink breaks.

Five McDonald’s franchisees are now facing Federal Court action brought by the union which is seeking back pay for nearly 400 workers across South Australia and Broken Hill. This latest lawsuit is on behalf of 18 current and former McDonald’s Broken Hill workers. 

SDA SA branch secretary Josh Peak said “McDonald’s Broken Hill workers are standing together and demanding their rights”.

The SDA is also asking the Court to award penalties against the McDonald’s franchisee for breaching the McDonald’s Agreement and the Fast Food Award.

The union claims to have collected hundreds of formal statements regarding workers’ concerns in McDonalds and continues to investigate whether contraventions have occurred under the Fast Food Award and McDonald’s Enterprise Agreement at other McDonald’s franchises across New South Wales.

A spokesperson for McDonald’s said “We continue to work closely with our restaurants to ensure employees receive all correct workplace entitlements and pay.

“Our franchisee has a long and established history in Broken Hill as a major employer and supporter of the training and development of young people throughout the region. As we understand it, there is no claim against the restaurant for alleged intimidation.

“A dedicated employee assistance hotline is available to any McDonald’s staff who may have queries regarding their employment conditions.

“We remain committed to working with our employees and franchisees to ensure any concerns are addressed.”