Class action victory for McDonald’s workers in wages claim.

• The Federal Court of Australia and the Full Court of the Federal Court have delivered two judgments affecting the McDonald’s class action which seeks compensation for unpaid rest breaks on behalf of hundreds of thousands of McDonald’s workers.
• On 13 February 2023 the SDA filed and served an application seeking orders that Shine Lawyers’ McDonald’s Class Action be stayed.
• Today 12 October 2023, Lee J ruled that the SDA’s application to stay Shine’s class action, funded by Court House Capital, be dismissed allowing it to go ahead.
• The next case management hearing will be listed in 21 days.

In a related but separate hearing the Full Court of the Federal Court considered and has now affirmed that the Federal Court has power to order that a portion of settlement monies be paid to the litigation funder, Court House Capital, supporting the action, upon approval of any settlement – a so called Settlement Common Fund Order.

The Court found that the class action was an appropriate vehicle for the continuation of the compensation claims of group members.

We now look forward to progressing the class action for the thousands of group members represented by Shine Lawyers and funded by Court House Capital.

The class action brought on behalf of McDonald’s workers who were not given a paid 10-minute break when working a shift of four hours or more, alleges McDonald’s operated a system of work which denied workers their right to paid breaks in breach of the EBA and the Award.

Current or former McDonald’s employees who believe they are eligible to join the class action, can register with Shine Lawyers.