Federal Court of Australia
Federal Court of Australia
Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd (No 2) [2020] FCA 1644 File number: QUD 703 of 2019
Judgment of: LOGAN J
Date of judgment: 13 November 2020
Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – where the McDonald's Australia Enterprise Agreement 2013 (the Agreement) provides for a 10 minute paid drink break on a 4 hour shift – where second applicant was not provided with 10 minute paid drink break – where respondent admitted contravention of s 50 of the Fair Work Act 2009 (Cth) (the Act) – where Facebook groups were used to communicate with employees – where employees had a right to take short drink or toilet breaks outside this 10 minute break – where that right is a "workplace right" for the purposes of the Act – where respondent contravened ss 340, 343 and 345 of the Act by contents of Facebook posts written by employees – penalties to be imposed – whether payment of penalties should be ordered to first and second applicants
Legislation: Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) ss 50, 340, 345 343, 546, 556, 557
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2) (2018) 70 AILR 102-975 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Commonwealth of Australia v Director, Fair Work Building Inspectorate (2015) 258 CLR 482 Community and Public Sector Union v Telstra Corporation Limited (2001) 108 IR 228 Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) (2018) 265 FCR 208 Fair Work Ombudsman v Phua & Foo Pty Ltd [2018] FCA 137 Finance Sector Union of Australia v Australia & New Zealand Banking Group Limited (2002) 52 AILR 4-663 National Tertiary Education Industry Union v Central Queensland University (2008) 60 AILR 100-854 1 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177 Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258
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