The case, which has been launched in the Federal Court claim by union SDA, will be one of the biggest in Australian history if it is successful.
The claim is being made against the fast food giant itself and 328 McDonald’s operators across the country.
The SDA is alleging the workers were not informed of their entitlement to an uninterrupted 10-minute break when working four hours or more, as is set out under the Fast Food Award.
The union is alleging that the workers not being given their breaks was “systematic and deliberate”.
SDA secretary Gerard Dwyer said McDonald’s attention to detail with its products made it unbelievable the breaks were missed by accident.
“Across their restaurants, McDonald’s demands consistency,” he said.
“They make sure each restaurant can put two beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.
“It’s simply not believable that these breaks weren’t denied on purpose.
“McDonald’s has the capacity and the responsibility to ensure they’re giving workers all their entitlements.”
He said the reasons behind the lawsuit were even bigger than just compensating the workers involved.
“It’s about sending a clear message that this systematic exploitation of young workers will not be tolerated,” he said.
The SDA has said it has been investigating the issue for two years.
McDonald’s has said it “intends to fully defend the claim” in a written statement.
“McDonald’s believes its restaurants complied with applicable instruments, provided rest breaks to employees and were consistent with historic working arrangements,” the statement reads.
“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 restaurants to ensure employees receive all correct workplace entitlements and pay.”
Inside the new Russian Macca’s