Growing Class Action Against Grill’d Highlights the Importance of Workplace Entitlements in the Fast-Food Sector

Workplace rights in Australia’s fast-food industry highlighted amid Grill’d employee class action.

Grill’d Class Action: Rest Break Entitlements Under the Spotlight

In late 2025, a major class action lawsuit was filed in the Federal Court that has put the spotlight squarely on workplace compliance in the fast-food sector. The action, commenced by Gordon Legal and supported by the Shop, Distributive and Allied Employees’ Association (SDA), alleges that Grill’d, the well-known Australian burger chain, failed to provide thousands of workers with legally mandated paid rest breaks.

This case is significant not just because of the number of employees involved, but because it underscores the importance of compliance with workplace instruments and the increasing role of private legal action in enforcing worker rights.

What Is the Grill’d Class Action About?

The class action represents more than 15,000 current and former employees who worked in company-operated Grill’d restaurants between December 2019 and December 2025. The central allegation is straightforward: Many of these employees were not provided paid 10-minute rest breaks for rostered shifts of four hours or more, as required by applicable enterprise agreements and the Fast Food Industry Award.

According to reports, rest breaks were often omitted from rosters, described as “optional,” or simply not permitted during shifts. For many, this meant working hours without a mandated pause, leading to exhaustion and a feeling of being undervalued. A number of young workers, in particular, have come forward to say they were discouraged from taking breaks or not informed that they were entitled to them.

Why It Matters

At its core, this class action draws attention to two critical issues:

1. Employer Obligations Under Workplace Law

Rest breaks are more than a “nice to have.” Under enterprise agreements and relevant industrial instruments, including the Fast Food Industry Award, employees working four hours or more are entitled to paid rest breaks. Employers, whether in the fast-food space or elsewhere, must roster, allow, and pay for those breaks as required. Systematic failure to do so exposes employers to liability for unpaid entitlements and, potentially, penalties under the Fair Work Act 2009.

2. Vulnerability of Young and Casual Workers

The fast-food industry employs a high proportion of younger workers, many of whom may lack familiarity with workplace rights or the confidence to request them. This case highlights the need for workplace culture, training, and rostering practices that ensure entitlements are understood and delivered consistently.

The Role of Union Support and Legal Action

The involvement of the SDA in backing the class action is significant. Beyond advocating on behalf of members, the union’s support helps fund and resource litigation that might otherwise be inaccessible for individuals. Class actions allow employees with common grievances to pursue their claims collectively, ensuring both efficiency and scale.

This trend of private enforcement is increasingly visible in sectors where compliance issues persist. After years of reliance on regulator-led enforcement through the Fair Work Ombudsman, unions and law firms are turning to representative litigation as a mechanism to secure compliance and compensation for affected workers.

Grill’d’s Response

Grill’d has acknowledged the class action and stated that it takes its workplace obligations seriously. The company has pointed to its recently approved enterprise agreement and emphasised its commitment to providing a fair, supportive workplace. However, the existence of the legal action itself, and the number of employees involved, signals that questions remain about how entitlements were managed on the ground.

What This Means for Employers

For employers across all industries, not just hospitality and retail, the Grill’d class action is a timely reminder that:

• Industrial instruments matter, enterprise agreements and awards are legally binding and must be adhered to in practice.

  
  

• Rostering and payroll systems must align with entitlements under workplace law.

  
  

• Worker education and internal compliance processes are essential to reduce risk.

  
  

• Private enforcement is real, employees and unions will use the courts when other avenues fail.

How Bane Legal Services Can Help

While Bane Legal Services is not a law firm and does not provide legal advice, our team specialises in connecting businesses with the right workplace law specialists

to help navigate workplace compliance risk, understand industrial instruments, and strengthen governance frameworks. While we’re not a law firm, our strategic insights and referrals to leading workplace law specialists mean you’re supported by expertise when you need it.

Whether you’re reviewing your rostering practices, assessing enterprise agreement obligations, or planning to respond to industrial scrutiny, we can connect you with the right legal and advisory partners.

With over 30 years of business experience, we help clients navigate complex legal landscapes with the right expertise fast.