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Break-ing bad

The fast food industry has the lowest union coverage in Australia. Photo: Connor Kidd.

Fast-food chains, including KFC and other major outlets, have been facing class action lawsuits over workers allegedly not being given their entitled breaks.

National secretary of the Shop Distributors and Allied Employees Association Gerard Dwyer says the issue extends beyond the businesses currently in the crosshairs, potentially impacting most of the industry.

He says union membership has fallen significantly since the 1990s, due to changes in the economy, as well as a shrinking of what unions are allowed to bargain for, and this may contribute to deteriorating workers rights.

He says since the ’90s, different rights have been taken away from unions, which has interfered with their ability to enforce regulations.

“You had a whole ecosystem of people doing spot checks, and ensuring that wages were being paid properly,” Mr Dwyer says.

Dr Eileen Aitken-Fox
Photo: Connor Kidd.

Curtin University Senior Lecturer in industrial relations Dr Eileen Aitken-Fox says these issues can stem from employees, and even line managers, not knowing their rights.

“I think a lot of the time it happens because workers don’t know their rights, awards are written in a very complex way, and a very difficult to read way, ” she says.

“Industrial relations experts might know, but does your standard everyday line manager know the rules?”

Dr Aitken-Fox says being part of a union would help educate people on their rights and give them confidence to ask for breaks but financial pressures often discourage low-paid workers from joining.

“Certainly in fast food chains like a KFC or McDonalds, I don’t think there is any reason for people to not have their break.”

Dr Eileen Aitken-Fox

“Being part of the union would be helpful. But it’s expensive, so if you’re not earning a lot of money, you’re not going to do it. There’s definitely a correlation between being in a low paid sector and not being in a union, because it’s a lot of money,” she says.

Dylan Storer. Photo: Connor Kidd.

President of the Curtin Student Guild Dylan Storer says he encourages everyone to join their union.

Mr Storer says the guild is working with various unions to give students more opportunities to learn about their worker’s rights, and to encourage students to join a union.

“I hope these class actions will improve conditions for all workers in retail and hospitality, the cards have been stacked against workers, especially younger workers, for too long,” he says.

Hear more from Dr Eileen Aitken-Fox. Video: Connor Kidd.