Union alleges exploitation of workers at KFC

The fast-food sector union claims KFC exploited “thousands” of workers by denying them paid rest breaks.

Fast-food sector union RAFFWU and Shine Lawyers are organising a class-action lawsuit against restaurant giant KFC alleging worker exploitation. Picture: Supplied

Thousands of workers could soon launch a class-action lawsuit against fast-food behemoth KFC over claims the company improperly denied them 10-minute rest breaks.

Lily O’Sullivan worked at an Illawarra region outlet in NSW from 2019-2020 and said her request for a break was rejected.

“I remember raising my right to a 10-minute break, ‘No, we don’t do those here’, as if it was optional,” she said.

“It was shut down so swiftly that after chatting to colleagues, I quickly realised it wasn’t something I could ask for again.”

KFC workers under a 2020 enterprise agreement are entitled to a paid 10-minute break after four hours of work and a second paid break after eight hours.

Former KFC worker Lily O'Sullivan claims the company denied her paid 10-minute breaks at an Illawarra region restaurant. Picture: Supplied

Retail and Fast Food Workers Union secretary Josh Cullinan alleged KFC workers, a majority of whom were under the age of 21, laboured under tough conditions, and short breaks offered them “enormous benefits”.

“They are hot, they are working fast, there is no let-up, there are cameras on them all the time,” he said.

“It’s difficult to go to the toilet, difficult for them to have a drink of water, difficult for them to stop what they are doing for a moment.

“This kind of work, the least they can expect is their minimum conditions.”

A 21-year-old KFC worker earns $24.85 an hour on a full adult rate.

A 16-year-old earns 50 per cent of the $24.85 wage and the figure rises as age progresses, with an 18-year-old earning 80 per cent of the full adult rate.

Of the 37,000 workers covered under the agreement, 34,000 are under the age of 21.

The union will collect evidence from workers of alleged misconduct alongside legal firm Shine Lawyers, which is also running a class-action suit against McDonald’s in the Federal Court alleging worker exploitation.

Fast-food union RAFFWU and Shine Lawyers are organising a class-action lawsuit against KFC. Picture: Supplied

Mr Cullinan said he had spoken to a number of KFC workers who alleged they were not given paid rest breaks before 2020.

The suit covers October 2017 until now.

Shine lawyer Hadi Boustani said if the union secured sufficient evidence to justify a claim, the firm would sue for the value of lost breaks and also a potential loss of amenity, the stress caused to workers from missing out on their breaks.

“Subject to the outcome of the investigation, we intend to file proceedings,” he said.

“We understand that this kind of conduct occurs in fast-food outlets.”

Responding to the claims on Wednesday, a KFC spokesman said the company said it took its obligations under the Fair Work Act and KFC National Enterprise Agreement “very seriously”, including the obligation to ensure its employees took the paid rest breaks they were entitled to.

“Regarding the investigation, we have not been contacted by the Retail and Fast Food Workers Union or Shine Lawyers,” the spokesman said.