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Would you like a toilet break with that shift?

In a story that is being reported in the Australian Sydney Morning Herald today, McDonalds staff in Brisbane have allegedly been threatened over their legally established rights in a legally binding Workplace Agreement according to the Retail and Fast Food Workers’ Union which represents these minimum wage employees, whom are often between 15 and 18 years old and typically not experienced with workplace negotiations or rights.

The ability to take reasonable toilet breaks and to be able to get a drink of water especially when working in or adjacent to a kitchen area are very basic needs, and should not be used to threaten staff according to the union, and the guidelines and legislation protecting the rights of workers in Australia.  It will be interesting to see if these alleged threats will be prosecuted as “Adverse Actions” breaches of the Fair Work Act 2009 administered by the Government regulator Fair Work Commission of Australia and the Fair Work Ombudsman.

By starting this battle with workers and the union, this franchisee may have opened themselves to greater scrutiny by the various regulators (ATO, ASIC, ACCC etc) and the Master Franchisor for the McDonald’s in the Australian territory which is McDonald’s Australia Holdings Limited.

Franchisees would be wise to remember that the staff are always the face of your company, and if they are not being looked after then your customers are probably not either.  Simply put – The Frontline always effects your Bottom line.

According to the article the husband and wife franchisees Tanya Manteit-Mulcahy and Terry Mulcahy own at least 6 Brisbane city based stores through their company TANTEX HOLDINGS PTY LTD.  According to the official public Australian Investment and Securities Commission (ASIC) register, and the official public Australian Business Registry (ABR); the company is not and has not ever been registered for Goods and Services Tax (GST) in Australia.  This effectively means that TANTEX HOLDINGS PTY LTD cannot according to the Tax Rules not operate with a turnover AUD$75,000 per year or operate a payroll, except of course if they pay the prescribed 47% tax on all earnings instead of the full Company Tax Rate of 30%.


Official listing by ASIC

Only 3 documents ever filed with ASIC since 2013

We are unsure as to whether or not the Union or newspaper or even the staff effected are aware that, ‘on face value’ they either A) Staff cannot be employed by TANTEX HOLDINGS PTY LTD (ACN 162 154 538) or in the alternative B) That the company is (and has been since inception in 2013) potentially avoiding their obligations to the workers under the obligations of the Fair Work Act 2019 and workplace agreements as well at the obligations to The Australian Tax Office.

Shows that TANTEX HOLDINGS PTY LTD has never registered for GST

*  = Shows that the company was registered in Jan 2013
** = Shows that the company is not currently registered for GST which means that it cannot handle more than AUD$75k per year or operate a payroll unless of course they pay 47% tax on all income.

Store owned by TANTEX HOLDINGS PTY LTD in the Queen Street Mall in the CBD of Brisbane

Store owned by TANTEX HOLDINGS PTY LTD in the Queen Street Mall in the CBD of Brisbane

Apparently the Queen Street Mall store is the largest franchisee store in the Southern Hemisphere according to the article.

Here is the article in full:  https://www.smh.com.au/business/workplace/hope-to-god-you-don-t-get-thirsty-maccas-warns-workers-about-breaks-20190109-p50qbu.html