EXCLUSIVE: McDonald's worker who sued franchisee breaks her silence after landmark ruling that means ALL Australian workers now have the right to toilet and water breaks
- All Australian workers are now legally entitled to toilet and drink breaks at work
- Federal Court Judge said it is a 'workplace right' to hydrate and access the toilet
- The decision comes after a franchisee was ordered to pay $1000 compensation
- Chiara Staines was denied breaks while working at a McDonald's in Brisbane
- She said it was 'amazing' her case would benefit workers across the country
All Australian workers are now legally entitled to have toilet and water breaks thanks to a landmark case against a McDonald's franchisee in the Federal Court.
The groundbreaking decision was made after former McDonald's worker Chiara Staines won a case against Brisbane franchisee Tantex Holdings on Monday.
Since there were no previous Australian cases about work breaks, Justice John Logan cited a case brought in a US court in Ohio to make his final decision.
'The right to access the toilet or a drink of water was, in my view, a workplace right,' Justice Logan concluded, according to the Sydney Morning Herald.
Chiara Staines (pictured) said it is 'just amazing' that her successful case against Tantex Holdings resulted in all workers across the country being entitled to drink and toilet breaks
The Queen Street Mall restaurant is owned by franchisee Tantex Holdings, which runs five more locations in Brisbane
Speaking exclusively to Daily Mail Australia, Ms Staines said it was 'just amazing' that her case would benefit other fast food workers across the country.
'It's what we were hoping for, it's incredibly common for McDonald's and other fast food workers to not allow for breaks. So hopefully this will put an end to that,' she said.
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It comes after Tantex Holdings, which runs six McDonald's restaurants in Brisbane, was ordered to pay $1,000 to Ms Staines as compensation for denying toilet and drink breaks on Monday.
Ms Staines said she was 'glad' her legal battle, which began almost two years ago, had finally come to an end.
'It was such a relief, it really was. This whole thing has been going on since the end of 2018 and the beginning of court proceedings were early this year,' she said.
Ms Staines said she was 'glad' her legal battle, which began almost two years ago, had finally come to an end. She has since quit her job at McDonald's and is now studying child care
Reflecting on her time at McDonald's, the former worker said her bosses would often deny going to the toilet or make her wait.
'If you were desperate, you could go (to the toilet) but usually they would make you wait until there were fewer customers,' she said.
She has since quit her job at McDonald's and is now studying child care.
Retail and Fast Food Workers Union secretary Josh Cullinan said 'McDonald's workers have long been exploited'.
'When the major McDonald's franchisee, Tantex, stole rest breaks from workers, they broke the law.'
'Our actions finally returned their penalty rates in February but the theft of rest breaks are common across the McDonald's network. Until now, those employers have not been held to account.
'This is the first time that a Union, and workers, have successfully sued McDonald's in Australia but it will not be the last.'
Retail and Fast Food Workers Union secretary Josh Cullinan (pictured) said 'McDonald's workers have long been exploited'
With the backing of the Retail and Fast Food Workers Union (RAFFWU), Ms Staines brought a case against the franchisee Tantex Holdings earlier this year.
In its published reasons for the decisions, the court found Ms Staines had been denied a 10-minute paid drink break on all but three occasions while working at a Queen St Mall restaurant in Brisbane from May 8, 2017 to June 15, 2019.
McDonald's staff have been entitled to paid 10-minute drink breaks under McDonald's Australia Enterprise Agreement 2013, which was approved by the Fair Work Commission on July 24, 2013.
According to the enterprise agreement, all employees are entitled to a 10-minute drink break when they work a shift between four to nine hours.
If they work more than nine hours, staff are entitled to two 10-minute breaks.
This is in addition to a meal break if working longer than five hours.
Tantex's general manager Christopher Crenicean responded to a union campaign with a lengthy rant (pictured) in Facebook group for their fast food employees in January
Earlier this year, RAFFWU launched a campaign against Tantex, accusing the company of breaking the enterprise agreement by denying toilet breaks.
Tantex's general manager Christopher Crenicean responded with a lengthy rant in Facebook group for their fast food employees in January.
'On your shift, this 10-minute break would be the only time you would ever be permitted to have a drink or go to the toilet. So I hope to God you don't get thirsty on your next shift because we just wouldn't be able to allow a drink. Fair is fair right?' Mr Crenicean wrote.
'But as we go above and beyond for our people and we like to treat you guys much better than this, we allow ALL our employees regardless of shift length to have a drink of water as you require and go to the bathroom as you require.'
'Are we really such bad guys? It actually works better in our favour to follow this legislation and keep you all working non-stop,' he said to finish off the message.
Brisbane businesswoman Tanya Manteit-Mulcah (pictured) is the sole director of Tantex Holdings, which conceded it had not provided Ms Staines with the allowed breaks
A Queensland McDonald's franchisee has been ordered to pay a worker $1000 in compensation after a worker was routinely denied drinks and toilet breaks (stock image)
Ms Staines later told the court her work was fast-paced, hot with a constant smell of food and the environment was stressful and demanding, physically and mentally.
'Ms Staines was denied a short respite from, what was by its nature, a mentally and physically demanding job,' Justice John Logan said.
Brisbane businesswoman Tanya Manteit-Mulcah is the sole director of Tantex Holdings, which conceded it had not provided Ms Staines with the allowed breaks.
'The drink break for which clause 29 of the Agreement provided was a workplace right,' Justice Logan found.
'So, too, for reasons explained above, was a right, within the bounds of reasonableness, to pause for a drink of water or to go to the toilet during a shift a workplace right.'
The Federal Court (pictured) ordered the franchisee to pay the compensation after discovering the worker was denied drinks and toilet breaks during all but three of their shifts
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