McDonald's Australia Pty Ltd on behalf of Operators of McDonald's outlets

The case involved McDonald's Australia Pty Ltd, acting on behalf of the operators of McDonald's outlets, and a number of employees. The dispute arose from the interpretation and application of the McDonald's Australia Enterprise Agreement 2009. The matter was heard in the Fair Work Commission, Australia's independent industrial relations tribunal.

The primary legal issue before the Commission was the correct interpretation of certain clauses within the Enterprise Agreement. Specifically, the employees argued that they were entitled to additional payments under the clause concerning 'special duties', while McDonald's maintained that these duties were already adequately compensated under existing provisions of the agreement. The Commission had to determine whether the special duties performed by the employees warranted additional compensation and, if so, what that compensation should be.

In its decision, the Commission examined the specific duties performed by the employees and the language of the Enterprise Agreement. It found that the duties in question did indeed constitute 'special duties' as defined within the agreement. Consequently, the Commission ruled that the employees were entitled to additional payments for these duties. The Commission provided detailed reasoning on how the additional payments should be calculated and ordered McDonald's to implement the new payment structure accordingly.