Ben was 15 when he started working at McDonald's in Oakleigh South, in Melbourne's south-east, excited to have landed his first job but totally unaware of his rights.
He alleges that, in the three years he worked in the kitchen of the fast-food outlet, he never received a paid rest break.
The now 23-year-old says he and his work mates had never even heard of one.
"It does feel, in a way, that you've been taken advantage of, or it was something that should have definitely been communicated to everyone," he says.
He says 10-minute breaks would have made a world of difference.
"[It] was definitely tiring, because you're on your feet all day, and, especially, on the warmer days as well, working in a hot kitchen …"
"If you were working over lunch hours or dinnertime, those can be quite stressful and quite high-paced."
The union that represents fast-food workers, the Shop, Distributive and Allied Employees' Association (SDA), has lodged Federal Court action against the franchisee of three McDonald's stores in Melbourne's south-east for not giving paid breaks.
Liesary Pty Ltd — which runs the Oakleigh South, Oakleigh and Clayton South outlets — is accused of deliberately denying paid breaks for 11 workers, including Ben, over a period of six years up until 2020.
SDA's Victorian Secretary, Michael Donovan, said the alleged behaviour was unacceptable.
"They're on a small number of hours, and lower rates of pay because of junior rates of pay, so the amount of money they missed out on through tea breaks is significant."
"It's also completely inappropriate that young workers should be exploited, because they have a lack of knowledge of their legal entitlements."
The union has already brought actions in South Australia, New South Wales and Western Australia against McDonald's franchisees over the same issue, but this is the first time a Victorian owner has been in the crosshairs.
Mr Donovan said the union was now looking at taking action against other franchisees in both regional Victoria and Melbourne.
"We're very concerned that information we're getting indicates this is a systemic problem within the McDonald's company," Mr Donovan said.
McDonald's workers are meant be given a 10-minute paid break for shifts longer than 4 hours, and two paid ten-minute breaks for shifts more than 9 hours, in addition to unpaid meal breaks.
The union has estimated the workers, in this case, were each owed roughly $1,000.
McDonald's disappointed by union's actions
Parent company McDonald's is not named in the court action, but Mr Donovan said that might change as the union gathered more evidence.
"The McDonald's company has a high degree of influence and control over its franchisees, so there are questions to be asked as to what the McDonald's company knows about this," he said.
In a statement, McDonald's said the SDA's action was both surprising and disappointing.
"McDonald's and each of its licensees are very mindful of their obligations under applicable employment laws, including the former enterprise agreement and the Fast Food Industry Award," the statement said.
"Our restaurants provide paid rest breaks to employees in ways which are compliant with the applicable instrument and consistent with historic working arrangements at McDonald's restaurants.
"Prior to the commencement of recent proceedings, McDonald's was not aware of any widespread complaints or disputes being raised by employees with respect to the taking of rest breaks."
However, Mr Donovan said many McDonald's outlets had changed their practices for the better since the first claim was lodged against a franchisee last year.
Liesary Pty Ltd was contacted for comment, but did not respond before deadline.
