The class action has celebrated victories in the Federal Court of Australia and Full Federal Court with two favourable judgments.
On 12 October 2023, it was determined that:
- An application brought by the SDA to stay Shine’s class action, be dismissed, allowing it to go ahead.
- The Court has power to order a “Settlement Common Fund Order”which means that a portion of settlement monies can be paid to a litigation funder.
On 1 October 2020 Shine publicly announced a joint investigation with Retail and Fast Food Workers Union Incorporated (RAFFWU) into its failure of McDonald’s and its franchisees to give McDonald’s workers their entitled rest breaks.
As a result of these investigations, Shine Lawyers launched a class action in the Federal Court of Australia against McDonald’s Australia Limited ABN 43 008 496 928 (McDonald’s). The basis of this class action is that McDonald’s breached the 2013 McDonald’s Australia Enterprise Agreement, the Fast Food Industry Award 2010 and sections of the Fair Work Act 2009 (Cth) (FWA) by allowing, or failing to prevent, employees being denied paid 10 minute rest breaks when working a shift of four hours or more.
The Claim seeks, amongst other things damages for economic loss (the value of unpaid wages rest breaks), non-economic loss (loss of amenity) and pecuniary penalties under the FWA.
The class action is being run by Shine Lawyers Australia, (the Lawyers).
I think I have a claim. How do I participate in the Class Action?
Click on the “Register Your Interest” button below to register your expression of interest to receive further information about the Class Action.
By registering your expression of interest, you are indicating your interest in receiving further information about the Class Action. Registering your expression of interest is not a commitment by any party to participate in funded litigation, nor is it an application to become a Class Member or member of the Scheme.