Shine Lawyers has launched a class action on behalf of McDonald’s workers who were not given a paid 10 minute break when working a shift of four hours or more.
Under the McDonald’s Australia Enterprise Agreement 2013 (EBA) and the Fast Food Industry Award 2010 (Award), McDonald’s and its franchisees operating McDonald’s branded outlets across Australia (McDonald's workers), 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, with the support of Retail and Fast Food Workers Union (RAFFWU) has filed a class action on behalf of McDonald’s workers who were not given a paid 10 minute break when working a shift of four hours or more. The class action alleges McDonald’s operated a system of work which operated to deny McDonald's workers their right to paid breaks in breach of the EBA and the Award.
This class action 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 that case, the Federal Court found that a McDonald’s franchisee misrepresented to its employees that they were entitled to a paid 10 minute break only when working shifts of more than four hours (rather than shifts of four hours or more), and also breached the EBA 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 grateful to have the support of the RAFFWU in this class action.
Can I join the McDonald’s Breaks Class Action?
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:
in a McDonald’s corporate store between 7 December 2015 and 27 May 2022;
AND/OR
in a McDonald’s franchised store between 28 May 2016 and 27 May 2022;
AND
not have been given 10 minute breaks during one or more of these shifts;
AND
have not claimed in other Court proceedings, whether through an agent or representative or otherwise, the same or similar relief, compensation and remedies sought in this class action.
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.
How to register for the McDonald's Breaks Class Action
To register for the McDonald’s Breaks Class Action on a confidential, no-obligation basis, please click on the button below and fill out the form.
By registering you let us know that you are interested in the case, and that you want to make a claim for compensation.
Once you have registered we will send you updates on the progress of the case.
It also means that if the case settles we are able to contact you to ensure that, if you are eligible, we are able to pay you any compensation that you are entitled to.
Will McDonald's find out if I have registered for the class action?
No. You have no obligation to tell McDonald’s that you have registered for this class action. We wish to assure you that any information shared with Shine Lawyers will remain strictly private and confidential.
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 McDonald's Breaks Class Action team
Shine Lawyers’ McDonald's 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.