Rogers v McDonald’s Australia Ltd
Citation: [2026] FCA 542
What happened
A class action was filed in the Federal Court of Australia in 2023 on behalf of current and former managers at corporate-owned and franchisee-owned McDonald's restaurants. The claim covers the period 6 December 2017 to 3 February 2020. The core allegation is that these managers were not paid for work performed before their rostered start time or after their rostered finish time. McDonald's Australia Ltd and one franchisee, Pollburg Pty Ltd, have actively defended the case. The court held a hearing on 24 April 2026 to determine the scope of an initial trial, including which group members' claims should be tested and whether the question of 'serious contravention' under the Fair Work Act 2009 should be resolved at that trial.
What was decided
Justice Lee ordered that the initial trial will cover the individual claims of all seven employees who filed affidavits, not just the three named applicants. The court found that because all seven witnesses' evidence was needed to prove common issues in any event, and because limiting the trial would not materially shorten the respondents' case, a broader initial trial was appropriate. The initial trial will also address whether any proven contravention qualifies as a 'serious contravention' under section 557A of the Fair Work Act 2009. The parties were directed to confer in person in late July 2026 to narrow disputed facts and legal issues before the next case management hearing on 31 July 2026.
What it means for employers
Employers, including franchisors and franchisees in the fast food sector, should ensure managers are paid for all time actually worked, including time before a shift's rostered start or after its rostered end. This case also signals that courts may assess whether underpayment conduct forms part of a 'systemic pattern' across multiple employees, which can attract significantly higher penalties as a 'serious contravention' under the Fair Work Act 2009.
What it means for employees
Current and former McDonald's managers who worked between 6 December 2017 and 3 February 2020 and were not paid for pre-shift or post-shift work may be group members in this class action. The court has broadened the initial trial to include the claims of additional group members who have given evidence, which could help resolve more claims sooner through either a court decision or a negotiated settlement.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0542Want more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →