Murray Bridge McDonald’s worker who was allegedly denied paid breaks vows to fight for change

A McDonald’s employee who was allegedly denied paid breaks on more than 650 shifts says he and fellow workers “got screwed over and I just want it to not happen anymore.”

A Murray Bridge McDonald’s worker who allegedly missed out on paid breaks during more than 650 shifts has vowed to fight for systemic change in the country’s fast food industry.

Matthew North, 26, is among a group of 55 current and past McDonald’s workers who are suing SA franchisee Delbridge Investments Pty Ltd for allegedly denying paid drink breaks over five-and-a-half years.

The workers are each chasing thousands of dollars in compensation, while the franchisee has made moves to quit the McDonald’s system altogether.

The legal attack, led by the powerful Shop, Distributive and Allied Employees Association (SDA), is the second of its kind against an SA McDonald’s franchisee in a matter of months.

Mr North, a young father who has worked at the Murray Bridge McDonald’s since 2011, said he hoped the legal case would bring change across the whole industry.

“At the end of the day, compensation is great but it’s not just that,” Mr North told The Advertiser.

“I have kids of my own and just knowing that could have been them in that situation makes me really mad.

“All I want is for it to not happen to the younger generation, because we got screwed over and I just want it to not happen anymore.”

McDonald's Murray Bridge manager Matthew North. Picture: Roy VanDerVegt

According to the former McDonald’s enterprise agreement, all employees were entitled to a 10-minute paid drink break during shifts longer than four hours. Any employee who worked longer than nine hours needed two paid drink breaks.

In February 2020, the enterprise agreement ceased to operate and the global restaurant chain began to follow the Fast Food Industry Award 2010. It provides the same rights to paid 10-minute breaks as the enterprise agreement.

In the SDA’s statement of claim lodged with the Federal Court, it is alleged Delbridge Investments denied the breaks to 55 workers between March 2015 and October 2020 at the Rundle Mall East, Trinity Gardens, Kings Park and Murray Bridge outlets.

During that period, Mr North claimed his superiors told him that workers didn’t need continuous drink breaks because they could “go to the toilet or get a drink whenever we want and that added up to 10 minutes”.

“When you work nine hour shifts, not getting a break is so rough,” he said.

“Finding out that we should have actually had that time (continuously) is just frustrating, because sometimes all you need is that 10 minutes to just relax and collect yourself.”

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

The spokesman said Delbridge Investments had “recently made the decision to leave the McDonald’s system”.

“The change in ownership is not related to the recent filing by the SDA in the Federal Court.”

The Advertiser contacted Delbridge Investments director Graham Delbridge for comment.

Franchisee G & J Olle Pty Ltd, which is facing a separate Federal Court battle with the SDA, lodged a statement of defence that argued it was legal for workers to take the 10-minute breaks in a “series” of mini-breaks of just a few minutes each.

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