An Opt Out Notice approved by the Federal Court of Australia was sent to potential group members in the KFC Breaks Class Action in August 2024. The Notice advised group members of their right to opt out of the class action, which they could do by filling out an opt out form.
The deadline for group members to opt out of the class action was 4.00PM on 27 September 2024.
If you missed the deadline and would like to discuss the impact of this with a member of our team, please direct your enquiries to kfcclassaction@shine.com.au.
What is the KFC Breaks Class Action about?
Under the KFC Enterprise Agreement and the Fast Food Industry Award, KFC and its franchisees operating KFC restaurants across Australia, are required to provide workers with a paid 10 minute break for shifts over four hours, and two 10 minute paid breaks for shifts longer than 9 hours.
Shine Lawyers, in conjunction with the Retail and Fast Food Workers Union (RAFFWU) has launched a class action on behalf of KFC employees who were not given a paid 10 minute break when working a shift over four hours. The class action alleges that KFC and its franchisees systematically denied workers their right to paid breaks.
Can I join the KFC Breaks Class Action?
To be a part of this class action, you must have been:
a current or former KFC worker;
AND
worked at a KFC restaurant in Australia between 4 December 2017 and 4 December 2023;
AND
not received at least one 10 minute paid break you were entitled to.
If you answered yes to the above, you may be entitled to compensation, and you are encouraged to register for the KFC Breaks Class Action.
How to register for the KFC Breaks Class Action
To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form.
What are my Break Entitlements Under the Fast Food Industry Award?
Employees covered by the Fast Food Industry Award are entitled to the following breaks, under clause 17:
Hours worked
Rest Break
Meal Break
Less than 4 hours
No rest break
No meal break
4 hours but less than 5 hours
One 10 minute rest break
No meal break
5 hours but less than 9 hours
One 10 minute rest break
One meal break 30 to 60 minutes
9 hours or more
One or two 10 minute rest breaks (unless a second meal break is provided)
One to two meal breaks 30 to 60 minutes
Please note, employees covered by an Enterprise Bargaining Agreement may have different break entitlements.
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the KFC Breaks Class Action team
Shine Lawyers’ KFC Breaks Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
70+
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.