Number of employees taking Territory McDonald’s franchisee to court doubles

The number of claimants taking an NT McDonald’s franchisee to the Federal Court has grown. MORE INFO HERE.

A LONG-RUNNING landmark Federal Court claim against a local McDonald’s franchisee has doubled in the number of claimants who say they were allegedly denied their 10-minute rest breaks.

Since the initial claim was lodged in March 2022, the number of past and present employees of McDonald’s who claimed they were allegedly “deliberately” denied their rest break by Top End franchisee VIGR Holdings Pty Ltd has increased from 29 to 61.

The claim was lodged by SDA, the union for representing retail, fast food and warehousing workers, on behalf of the 61 claimants.

Since March 2022, an additional 30 workers have joined the claim against the Top and franchisee. Picture: Glenn Campbell.

These past and current employees worked across six McDonald’s sites in the Top End at Casuarina, Coolalinga, Johnston, Katherine, Ludmilla and Palmerston.

Under the Fast Food Award, all McDonald’s workers are entitled to an uninterrupted 10-minute break when working four hours or more.

McDonald’s Australia denied the allegations and intended to “fully defend” the claim.

“We are very mindful of our obligations under applicable employment laws, including the former enterprise agreement and the Fast Food Industry Award and continue to work closely with our licensees and restaurants to ensure employees receive all correct workplace entitlements and pay,” a statement said.

McDonald’s Australia says they value employees highly and the great contribution they make to the success of the business. Glenn Campbell.

“McDonald’s believes its restaurants complied with applicable instruments, provided rest breaks to employees and were consistent with historic working arrangements.”

SDA NT/SA secretary Josh Peak said the corporate fast food giant was not above the law and could not pick and choose what rules they wished to follow.

“These Federal Court claims are not just about compensation and penalising McDonald’s,

it’s about sending a clear message that this (alleged) systematic exploitation of Territorians will not be tolerated,” he said.

“It’s clear to us that McDonald’s (allegedly) conspired to deliberately and systematically deny Territorians their paid rest breaks.

“Since December 2020, the SDA has lodged 15 Federal Court claims over breaks

contravention and is seeking millions in compensation.”

The Top End sites owned by the local franchise VIGR Holdings Pty Ltd are six of 196 other stores across Australia. The total, current number of employees involved is 1766 nationwide.