Fair Work Australia in its 23 April 2010 decision stated in part that:
The Agreement not only fails to satisfy the no disadvantage test, on various levels it significantly compromises industrial standards that would be expected for agreement-reliant employees.....
I do not believe the employees could be considered to have genuinely agreed to the Agreement. I would dismiss the application for that reason alone....
I propose also to direct that a copy of this decision be forwarded to the Fair Work Ombudsman, given the evidence suggesting the applicant or its licensees, or both, may have been underpaying some employees.
So who exactly are McDonald's 80,000 employees Australia-wide?
They are predominately under 21 years of age, female with an English speaking background, work as casuals in the multinational's 780 fast food stores and most are paid the percentage rates for juniors.
McDonald's opened its first Australian store in 1971.
McDonald's workforce taken from the Fair Work Australia decision:
Male employees: 37,200 (46.5%)
Female employees: 42,800 (53.5%)
Employees from non-English speaking backgrounds: 28,800 (36%)
Employees who are Aboriginal and Torres Strait Islander people: 2,400 (3%)
Employees with disabilities: 2,400 (3%)
Employees who are not otherwise categorised: 46,400 (58%)
Full-time employees: 7,888 (9.86%)
Part-time employees: 7,656 (9.57%)
Casual employees: 64,456 (80.57%)
Employees under 21 years of age: 65,600 (82%)
Employees aged 21-45 years: 11,200 (14%)
Employees over 45 years of age: 3,200 (4%)