Fast food workers are often young, inexperienced and unfamiliar with their employee rights; all too often they are taken advantage of or unknowingly working in unsafe conditions.
Like any other worker in Australia, fast food workers have the same right to a safe and healthy work environment.
Here we explain what that means, including the basic legal rights fast food workers have, and what to do if those rights are being ignored.
Fast food employee rights
Every worker in Australia has basic rights at work, regardless of whether they are casual, permanent or on a visa.
Like all employees, fast food workers have the right to a safe workplace. This includes being:
• shown how to work safely;
• provided with appropriate safety equipment; and
• consulted about safety in the workplace
They also have the right to actively engage with their employer over safety concerns. This includes being able to:
• speak up about work conditions; and
• refuse to perform unsafe work.
Beyond safety, as a fast food worker you also have the right to:
• a fair, just workplace;
• fair pay and conditions; and
• access workers compensation after sustaining an injury.
Duty of care: fast food employer obligations
Employers have a responsibility (known as a duty of care) to ensure the safety of their workers in the workplace. This duty includes:
• following health and safety legal requirements
• Identifying risks and planning work safely
• Investigating hazard reports and taking appropriate action
• Ensuring all workers complete safety training
If an employer fails in their duty of care, they may be held responsible for any injuries their workers suffer as a result.
If a fast food employee is injured while working, their employer is required to assist with the rehabilitation of the worker and their return to work.
Common injuries for fast food workers
The most common injuries suffered by fast food workers varies depending on their role and their workplace. For example, chefs and back-of-house staff are generally exposed to different risks than front-of-house staff.
Workers’ compensation for fast food employees
All workers are covered by workers’ compensation, whether you are full-time, part-time, casual or a contractor, and it is compulsory for Queensland employers to have workers’ compensation insurance.
If you are injured at work, you may be eligible to claim workers’ compensation for the costs associated with your recovery.
How we can help
Sciaccas Lawyers are experienced with all aspects of workers’ compensation claims and have a proud history of representing fast food workers.
Get in touch today over the phone or online to discuss your next step with our friendly team.