Second SA McDonald’s franchisee sued in the Federal Court for ‘denying’ breaks to 55 workers

Another SA McDonald’s franchisee is facing legal action over claims it denied workers paid drink breaks – one allegedly missing out during more than 650 shifts.

A second South Australian McDonald’s franchisee is being sued for allegedly denying paid breaks – this time to more than 50 workers over five-and-a-half years.

One of the state’s most powerful unions – the Shop, Distributive and Allied Employees Association (SDA) – made the allegations against former McDonald’s franchisee Delbridge Investments Pty Ltd in documents lodged with the Federal Court last week.

The workers are each chasing thousands of dollars in compensation.

In its statement of claim seen by The Advertiser, the SDA alleged 55 current and former crew members were denied paid rest and drink breaks between March 2015 and October 2020.

This latest case follows a landmark class action against a separate franchisee started by the union last December.

The SDA lodged its statement of claim with the Federal Court last week.

Delbridge Investments owned the Rundle Mall East, Trinity Gardens, Murray Bridge and Kings Park restaurants. The franchisee recently exited the McDonald’s system altogether.

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

It is alleged managers at the stores did not tell employees to take continuous 10-minute drink breaks during their shifts – or non-continuous drink breaks totalling 10 minutes. The alleged breaches caused workers to lose the “physical and psychological benefits of a break”.

The alleged offences started in March 2015, though some employees involved in the case began working for McDonald’s as early as September 2010.

One employee, Matthew, claimed to have been denied breaks on 658 shifts between May 2016 and October 2020.

“When I asked my manager about it, they told me that we didn’t get drink breaks because we can ‘go to the toilet or get a drink whenever we want’ and that added up to 10 minutes,” Matthew said.

“When I became a manager, I was told (this) is what I had to tell new workers too.”

Josh Peak, Secretary of the SDA’s SA branch, said paid rest breaks were “a right” for all fast-food workers.

“McDonald’s is the first job for many teenagers across Australia. These workers are expected to work in these hot, fast paced environments and must get their breaks.”

A McDonald’s Australia spokesman confirmed the franchisee “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,” he said.

“We continue to work closely with our restaurants to ensure employees receive all correct workplace entitlements and pay.”

The Advertiser contacted Delbridge Investments director Graham Delbridge, of St Peters, for comment.