SA workers rights: What to do when your boss rips you off

Do you or have you worked at McDonald’s in Australia? You could be one of the hundreds of thousands of people eligible for compensation.

Do you or have you worked at McDonald’s in Australia? You could be one of about 250,000 workers eligible for compensation.

For the first time in Australian history a global fast food giant franchisee has admitted leading an “unlawful” anti-union campaign in his store as well as pressuring its employees to relinquish permanent employment.

Current and former workers at the Murray Bridge McDonald’s store in South Australia have settled a claim bought by the SDA, which represents fast food workers, on their behalf against former franchisee Delbridge Investments Pty Ltd and will receive thousands of dollars in compensation.

Here are all your questions answered.

Does this settlement affect the ongoing underpayment lawsuit?

No, this settlement in SA involved anti-union activities and bullying and was a separate set of contraventions.

McDonald’s Murray Bridge, South Australia. Picture: Roy VanDerVegt

What is the drinks break lawsuit?

The SDA has launched action against McDonald’s franchisees claiming they routinely denied breaks to employees during their shifts. The lawsuit started with franchisees in SA but has grown exponentially. In August last year the SDA lodged a final court action – this time including McDonald’s Australia – the corporate entity behind the brand in Australia – as a party.

If I am a former or current McDonald’s worker do I need to sign up to join the lawsuit?

No, the wording of the current court action includes all current and former workers in Australia. If compensation is ordered, McDonald’s is expected to be ordered to compensate all workers automatically.

How far back can I claim I was underpaid?

The lawsuit claims that McDonald’s breached conditions of an enterprise agreement which was entered into in 2010 and then superseded in February 2020. However, the lawsuit is statute bared to six years prior to when it was lodged – making workers who were employed after 2016 eligible.

How many workers are effected by the lawsuit?

The SDA has previously estimated that there are 250,000 workers across Australia who could become eligible for compensation if the lawsuit is successful.

Brayden Cranwell, Jessica St Clair, Iesha Taurima and Heather Hammond have won a landmark settlement at the Murray Bridge outlet. Picture: Roy VanDerVegt

What stage is the drinks break lawsuit?

The lawsuit is currently waiting on a decision of the full sitting of the Federal Court. This decision is not on factual matters, but on questions of law relating to class actions and representative actions. That decision remains reserved by the Federal Court, meaning they will hand down the decision at a later date.

Are your rights being violated?

There are clear signs that an employer may be violating a worker’s basic rights, the SDA has said.

Employers must provide a pay slip, either electronically or printed, within a day of being paid even while the worker is on leave.

These pay slips must be kept on record for seven years. It is a common theme in the SA Employment Tribunal and Federal Circuit Court that workers are unable to prove they were underpaid because they did not have pay slips to prove what happened.

Can I lawfully take toilet and water breaks?

Workers are entitled to be able to take toilet or water breaks during shifts – it is unlawful to deny those breaks.

This right is the subject of the larger lawsuit which has come to involve 250,000 current and former McDonald’s workers across Australia who claim to have not received appropriate breaks.

Those cases – which are against both individual franchisees and McDonald’s as a corporate entity – remain before the Federal Court.

Former McDonald’s workers at the Murray Bridge outlet. Picture: Roy VanDerVegt

What else should be paid for?

Workers have the right to say no to requests to work after their shift has finished without pay.

Training must also be paid. Whether the training is conducted online or in person, if it occurs outside usual shifts it must be paid.

The SDA said that being paid in cash and not being paid superannuation are signs that workplace rights are being breached.

Can I be told not to join a union?

Joining a union is a fundamental workplace right and protected by the Fair Work Act. Being told you can’t join or that there is no union for your profession is a sign a worker’s rights might be being violated.

It is illegal for an employer to cut a worker’s hours just because they are in a union.

Workers have the right to a representative if they are called into a meeting about their performance.

Where do I go for help?

The relevant union or the Fair Work Ombudsman, which has extensive powers to help with underpayment, redundancies, pay rates and breaches of employment standards, can help with any concerns of worker exploitation.