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McDonald’s Breaks Class Action Investigation

We are investigating a class action on behalf of McDonald’s employees who were not given a paid 10 minute rest break when working a shift of four hours or more.


What is the McDonald’s Breaks Class Action Investigation about? 

Under the McDonald’s Australia Enterprise Agreement 2013 and the Fast Food Industry Award 2010, McDonald’s and its franchisees operating McDonald’s restaurants across Australia, are required to provide McDonald’s workers a paid 10 minute break for shifts between four and nine hours, and two 10 minute paid breaks for shifts longer than 9 hours.

Shine Lawyers, in conjunction with Retail and Fast Food Workers Union (RAFFWU) is investigating a class action on behalf of McDonald’s employees who were not given a paid 10 minute break when working a shift of four hours or more. The investigation aims to determine whether McDonald’s and its franchisees systematically denied workers their right to paid breaks in breach of the McDonald’s Australia Enterprise Agreement 2013 and the Fast Food Industry Award 2010.

The investigation follows a judgment delivered in the case of Retail and Fast Food Workers’ Union Incorporated v Tantex Holdings Pty Ltd on 31 August 2020. In this case, the Federal Court found that a McDonald’s franchisee misrepresented to its employees that they were entitled to a paid 10 minute rest break only when working shifts of more than four hours (rather than shifts or four hours or more), and also breached the McDonald’s Australia Enterprise Agreement 2013 by failing to provide the applicant, a McDonald’s worker, paid breaks for shifts of four or more hours. The judgment makes it clear that in addition to paid rest breaks, McDonald’s workers are also entitled to drink water or use the toilet outside of their scheduled breaks.

Shine Lawyers is proud to partner with the Retail and Fast Food Workers Union (RAFFWU) in this class action investigation.

Retail and Fast Food Workers’ Union

Am I eligible to join this class action?

See eligibility criteria

Can I join the McDonald’s Breaks Class Action Investigation?

To be a part of this class action you must:

  • Be a current or former McDonald’s employee who has worked shifts of four hours or more from 2014 to date.
  • Not have been given a 10 minute rest break during these shifts.

If you answered yes to the above, you may be entitled to compensation, and you are encouraged to register for the McDonald’s Breaks Class Action Investigation. 

How to register for the McDonald’s Breaks Class Action Investigation

To register for the McDonald’s Breaks Class Action Investigation on a confidential, no-cost, no-obligation basis, please click the ‘Register Now’ button below and fill out the registration form.

If you have any questions or require any assistance in registering for the class action, please contact our McDonald’s Breaks Class Action Investigation team on 1800 325 172.

Who is Shine Lawyers’ Class Action team?

Shine Lawyers’ Class Action team includes some of the firm’s most experienced solicitors and support staff. The team includes:

Common Questions

No. You have no obligation to tell McDonald’s that you have registered for this legal investigation. We wish to assure you that any information shared with Shine Lawyers or RAFFWU will remain strictly private and confidential.