„We wanted it to end retroactively, in fact for the last two and a half years, and return something like $300 million to workers who were not paid, because the 2013 SDA/McDonald`s agreement reduced minimum fees, such as penalty interest and other conditions,“ he said in a video posted on THE RAFF FacebookWU. Fast food giant McDonald`s must pay tens of thousands of employees penalty interest for the first time in decades after the termination of its enterprise contract. The Fair Labour Commission decided that the agreement meant that some employees earned less than the industry minimum, mainly because of the absence of penalty interest. „Australian workers want fair agreements and security in the negotiation process, but the current labour rules in Australia do not provide that.“ Colman said a retroactive termination of the contract would require a „colossal“ rebuild, with the allocation expected to apply to the special hours of work of more than 100,000 employees over the past two and a half years. „The proposed agreement was reached after lengthy negotiations between the parties and, although a full agreement was not reached on all issues, the EBA was approved by the majority of McDonald`s staff, and the simple companies would have resulted in employees exceeding the Fast Food Award. The withdrawal of EA, despite the support of the majority of staff, is understood to refer to a recent judgment that imposes severe technical obstacles on voter eligibility and which was deemed fatal to the EA proposed by McDonald`s. „I accept that employees working at Levels 2 and 3 should have a higher minimum wage below the premium than under the terms of the agreement,“ said Vice President Alan Colman. The Fair Work Commission has made a decision to terminate the current McDonald`s contract effective February 3, 2020. The Vice President rejected Mr. Kelly`s requests to immediately denounce the agreement and set a date of February 3, 2020 to give McDonald`s time to reorganize its payroll systems. On February 3, McDonald`s employees will have the opportunity to switch to the industry price and replace the franchise`s 2013 agreement with the Shop, Distributive and Allied Employees` Association (SDA). „The SDA is very disappointed that McDonald`s today withdrew the proposed enterprise agreement from the registration process before the Fair Work Commission.“ The fact that some acceptance rates are below the award rates is a circumstance that supports the conclusion that it is appropriate to terminate the contract. During the closing hearing, Mr. Kelly presented a refining analysis that revealed that he would receive $2.31 more per hour as part of the premium than under the agreement, and $1.42 more than McDonald`s new under-agreement rate, introduced in July.
The mcDonald`s deal was part of a long series of deals with the Shop Distributive and Allied Employees Association (SDA), which exchanged penalty interest for higher base rates and other benefits, but some workers who worked regularly on weekends were worse off than the price. The Fair Work Commission on Thursday ordered the franchisor to reinstate its 109,000 employees to the fast-food premium by February next year, after finding that its expired agreement had paid some workers less than the industry minimum.