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KFC Breaks Class Action

Shine Lawyers has launched a class action on behalf of KFC employees who were not given a paid 10 minute break when working a shift over four hours.  

Register for the class action

Update: Opt Out period has now passed

An Opt Out Notice approved by the Federal Court of Australia was sent to potential group members in the KFC Breaks Class Action in August 2024. The Notice advised group members of their right to opt out of the class action, which they could do by filling out an opt out form.

The deadline for group members to opt out of the class action was 4.00PM on 27 September 2024.

If you missed the deadline and would like to discuss the impact of this with a member of our team, please direct your enquiries to kfcclassaction@shine.com.au.

What is the KFC Breaks Class Action about?  

Under the KFC Enterprise Agreement and the Fast Food Industry Award, KFC and its franchisees operating KFC restaurants across Australia, are required to provide workers with a paid 10 minute break for shifts over four hours, and two 10 minute paid breaks for shifts longer than 9 hours.  

Shine Lawyers, in conjunction with the Retail and Fast Food Workers Union (RAFFWU) has launched a class action on behalf of KFC employees who were not given a paid 10 minute break when working a shift over four hours. The class action alleges that KFC and its franchisees systematically denied workers their right to paid breaks.

Can I join the KFC Breaks Class Action? 

To be a part of this class action, you must have been:

a current or former KFC worker; 

AND 

worked at a KFC restaurant in Australia between 4 December 2017 and 4 December 2023; 

AND

not received at least one 10 minute paid break you were entitled to. 

If you answered yes to the above, you may be entitled to compensation, and you are encouraged to register for the KFC Breaks Class Action.

How to register for the KFC Breaks Class Action

To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form.  

Register for the class action

Frequently Asked Questions

What are my Break Entitlements Under the Fast Food Industry Award?

Employees covered by the Fast Food Industry Award are entitled to the following breaks, under clause 17: 

Hours worked 

Rest Break 

Meal Break 

Less than 4 hours 

No rest break 

No meal break 

4 hours but less than 5 hours 

One 10 minute rest break 

No meal break 

5 hours but less than 9 hours

One 10 minute rest break 

One meal break 30 to 60 minutes 

9 hours or more 

One or two 10 minute rest breaks (unless a second meal break is provided)  

One to two meal breaks 30 to 60 minutes 

Please note, employees covered by an Enterprise Bargaining Agreement may have different break entitlements.

What is a class action?

When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.

Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.

For a class action to take place, there are three criteria that need to be met:

  1. there must be 7 or more people that have claims against the same defendant; and

  2. the claims relate to the same or similar circumstances; and

  3. the claim must relate to at least one common issue of law or fact.

For more information about how class actions resolve, click here.

How long do class actions take to resolve?

It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.

For more information about class actions and how they work, click here.

Does it cost anything to join a class action?

Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.

When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.

Will my contact details be kept private?

Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).

Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.

Meet the KFC Breaks Class Action team   

Shine Lawyers’ KFC Breaks Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below. 

Why Choose Shine Lawyers?

$1B

In successful settlements and judgments

We have secured more than $1 billion in class action settlements and judgments for our group members. 

See our past class actions
200

years of collective experience

Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.

70+

dedicated class actions team members

We are proudly one of the largest class actions teams in the country.  Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.

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