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Media Release

 27th November 2023

The SDA has today announced that it has instructed the class action law firm, Gordon Legal, to act on its behalf in a wage theft Class Action against KFC.

The relationship between the SDA, the union for retail, warehousing, and fast-food workers, and Gordon Legal ensures that claims can be pursued on behalf of all potential class members in one proceeding against KFC and its franchisees.

The SDA has a long and proven history of advancing wages and improving working conditions for Australian workers in both the retail and fast-food industries.

“Gordon Legal is proud to act for the SDA, the representative applicants and group members, and is committed to helping it and other Unions stamp out the scourge of wage theft”, said Gordon Legal Partner Andrew Grech.

The class action is expected to provide more than 80,000 workers across all of KFC’s Australian stores to recover lost wages as a result of their employer’s failure to provide them with rest breaks.

The class action alleges that over the past six years, KFC Corporate and its franchisees, who together employ over 40,000 people nationally, failed to provide all workers with rest breaks as required under the relevant Enterprise Agreements.

“The claims that tens of thousands of workers have been underpaid by a company the size of KFC is disturbing and unacceptable. We owe it to our members and all workers in the fast food and retail industries to put an end to systemic wage theft for good,” said SDA National Secretary Gerard Dwyer.

Gordon Legal has estimated that tens of thousands of current and former KFC team members will be eligible for compensation which may result in the total claims value being in the tens of millions of dollars.

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About the KFC class action

Gordon Legal has commenced a Class Action on behalf of the SDA against KFC and its franchisees seeking compensation for employees who did not receive 10 Minute Paid Rest Pauses in the past 6 years.

The Basis of the claims is that:

  1. KFC and/or Franchisees failed to provide 10 Minute Paid Rest Pauses that you were legally entitled to.
  2. As a result – KFC and/or Franchisees contravened the Fair Work Act 2009 (Cth); and
  3. If these contraventions are proved, compensation should be paid to KFC employees for the non-provision of their Rest Pauses.