![Lily O'Sullivan was allegedly prohibited by her manager at an Illawarra KFC from taking breaks she was entitled to. Picture by Anna Warr Lily O'Sullivan was allegedly prohibited by her manager at an Illawarra KFC from taking breaks she was entitled to. Picture by Anna Warr](/images/transform/v1/crop/frm/123041529/bac988d8-b4db-4493-ba79-f01da13268cb.jpg/r0_396_5243_3355_w1200_h678_fmax.jpg)
When Illawarra KFC worker Lily O'Sullivan asked about her entitlement to 10 minute rest breaks, her manager gave her a flat out answer.
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"We don't do those here."
In a class action lawsuit filed in the Federal Court by Shine Lawyers and the Retail and Fast Food Worker's Union it is alleged that it wasn't just the Illawarra outlet where this entitlement wasn't being followed.
Thousands of KFC workers from around the country have joined the lawsuit, claiming they were denied the breaks which they are entitled to.
Ms O'Sullivan was working part time at the Illawarra outlet while she was studying.
At 19 years old, she was one of the older workers at the store, most of whom were under 18.
It was when she was looking up requirements around uniforms that she discovered the breaks clause in the enterprise bargaining agreement which applies to all KFC workers.
"I read a bit about it, and I was like 'Oh, I've never experienced one of these.'"
Like many fast food outlets, working at a KFC means slogging through a loud, hot environment during each shift.
"All the machines are screaming at you, and you've got responsibility for food, and especially at KFC, it's chicken which is really important to cook properly," Ms O'Sullivan said.
"Everyone's running around all the time."
This makes the ten minute breaks, enough time for a drink of water and to go to the bathroom, a precious respite.
Joint head of class actions at Shine Lawyers Vicky Antzoulatos said the class action alleges young workers, the majority of whom are under 21, were not given their entitlements.
"Workers are suing for the value of lost breaks and for the loss of amenity and the stress placed on workers as a result of working in these pressure-cooker environments and not having proper breaks."
During the roughly nine months she worked at the Illawarra KFC branch, Ms O'Sullivan said she was never given these breaks and was motivated to pursue the matter further particularly due to the young age of her former colleagues.
"One minute it's we're not getting our rest breaks and the next minute there's instances of bullying and harassment in workplaces that workers are too afraid to talk to their manager [about] because they've been dismissed in the past," she said.
A spokesperson for KFC said the company would be responding to the claim in due course.
"KFC Australia takes all obligations under the Fair Work Act and KFC National Enterprise Agreement very seriously, including the obligation to allow employees take the paid rest breaks they are entitled to."
The matter is set down for a case management hearing in February 2024.
The lawsuit comes as the federal government passes laws to criminalise wage theft, along with a raft of other industrial relations changes. Victims of wage theft are most often young people, and Assistant Treasurer and Whitlam MP Stephen Jones said the changes would remove loopholes that allow the underpayment of workers and workers missing out on conditions and entitlements.
"We're making wage theft a crime and ensuring there are more rights for workers," he said.