Former employees take NT McDonald’s franchisee to court

An NT McDonald’s franchisee has been taken to federal court for allegedly denying their workers entitlements.

A TERRITORY McDonald’s franchisee has been taken to federal court for allegedly denying their workers their entitled paid rest and drink breaks, which McDonald’s Australia rejects.

The franchisee who has allegedly denied their employees their 10-minute breaks, VIGR Holdings Pty Ltd, currently operates McDonald’s sites in Casuarina, Coolalinga, Johnston, Katherine, Ludmilla and Palmerston.

Representing a collective of 29 past and present employees of McDonald’s, the SDA Union has lodged a landmark claim in the federal court on their behalf.

Former employee of Coolalinga McDonald’s, Katelyn Doig, worked at the fast food restaurant from 2015 to 2017 and claims not once did she receive a 10-minute break.

“(I did not receive) 10-minute breaks, or any kind of paid break – (they) weren’t a thing at all when I worked at Macca’s and I don’t remember anyone getting them,” Ms Doig said.

“I was only able to go to the toilet or grab some water if my manager said it was OK and if it was quiet.”

But McDonald’s Australia “intends to fully defend” the court case and its claims.

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

McDonald’s intends to “fully defend” the court case and its claims.

“Those arrangements have been known to the SDA for many years – the manner of taking breaks has not been challenged or raised by the SDA as a matter of concern throughout successive enterprise bargaining processes for new industrial agreements.”

The fast food giant is one of the largest employers of young people in the Territory.

The claimants’ ages range from 18 to 26.

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

SDA SA/NT secretary Josh Peak said Macca’s had the capacity to ensure employees were given all of their entitlements, particularly in such a “busy and hot” workplace.

“It’s clear to us that ­McDonald’s conspired to deliberately and systematically deny Territory workers their paid rest breaks,” Mr Peak said.

“These Federal Court claims are not just about compensation and penalising McDonald’s. It’s about sending a clear message that this systematic exploitation of Territorians will not be tolerated.”

The 29 Territory Macca’s workers are among almost 1000 other current and former McDonald’s workers across 129 sites around the country for whom the SDA is now seeking compensation.