Elliott-Carde v McDonald's Australia Limited (Stay Application) [2023] FCA 1210

FEDERAL COURT OF AUSTRALIA

Elliott-Carde v McDonald's Australia Limited (Stay Application) [2023] FCA 1210 File numbers: VID 726 of 2021 SAD 127 of 2022

Judgment of: LEE J

Date of judgment: 12 October 2023

Catchwords: EMPLOYMENT LAW – allegations McDonald's workers were not given ten-minute rest breaks in contravention of applicable industrial instruments and Fair Work Act 2009 (Cth) (FW Act) – class action commenced by individual employees – bewildering array of proceedings commenced by Shop, Distributive and Allied Employees' Association (SDA) before and after commencement of class action – where proceedings concern up to 350,000 workers – where majority of workers minors REPRESENTATIVE PROCEEDINGS – application by SDA for stay of class action – where Court faced with choice of joint trial model or continuance of SDA actions alone – where SDA's approach to date mired in tardiness and indecision – live "rivalry" between class actions and representative-type proceedings brought by unions – comparison between proceedings commenced under Pt IVA of the Federal Court of Australia Act 1976 (Cth) and other vehicles for determination of representative-type claims – genius of Pt IVA regime to facilitate binding determination of common issues – Pt IVA as effective vehicle for unions to pursue FW Act claims – where joint trial model in best interests of relevant workers – application to stay class action dismissed EMPLOYMENT LAW – where Minister for Employment and Workplace Relations intervened in support of SDA's application – consideration of historic role of unions in protecting employee interests – role not diminished by commencement of class action alongside SDA actions – role enhanced by Pt IVA regime where unions conduct class actions