But RFFWU Secretary Josh Cullinan said the enterprise agreement was only part of the problem. He submitted that the RFFWU`s analysis showed that he was receiving $2.31 more per hour than the rate of pay set in the 2013 agreement. Colman said a retroactive termination of the contract would require a “colossal” rebuild, with the allocation expected to apply to the special hours of work of more than 100,000 employees over the past two and a half years. McDonald`s 2013 agreement with the Shop, Distributive and Allied Employees` Association (SDA) gave workers higher base rates instead of penalties. Only 9 percent of private sector employees were unionized in 2018, meaning unions often lack the resources to negotiate strong agreements and perform thorough compliance work, she said. “We wanted it to end retroactively, in fact for the last two and a half years, and return something like $300 million to workers who were not paid, because the 2013 SDA/McDonald`s agreement reduced minimum fees, such as penalty interest and other conditions,” he said in a video posted on THE RAFF FacebookWU. As part of the 2013 McDonald`s Australia Enterprise Agreement and the 2010 Fast Food Industry Award, McDonald`s and its franchisees operating McDonald`s restaurants across Australia are required to provide a 10-minute break paid to McDonald`s employees for four- to nine-hour shifts and two 10-minute paid breaks for shifts of more than 9 hours. And SDA Secretary of State Gerard Dwyer said the 2013 agreement paid a basic interest rate “significantly higher than the basic premium rate.” Shine Lawyers, in collaboration with the Retail and Fast Food Workers Union (RAFFWU), is investigating group action on behalf of McDonald`s employees who did not receive a 10-minute paid break for a position of four hours or more. The investigation is into whether McDonald`s and its franchisees systematically denied the right to paid breaks in violation of the 2013 McDonald`s Australia Enterprise Agreement and the 2010 Fast Food Industry Award. “There is no power for the Commission to denounce the agreement retroactively, and even if there was such a power, I would not exercise it in this case.” This decision means that McDonald`s must break its 2013 agreement with workers and replace it by February 3, 2020 with the industry minimum price, a step that the retail and fast food workers` union (RFFWU) would maintain for an additional $1300 per year for the average worker. After the initial approval of the agreement in 2013, the FWC said on Thursday that replacing the industry price agreement would serve to ensure that many employees pay more and others pay the same. The Fair Labour Commission decided that the agreement meant that some employees earned less than the industry minimum, mainly because of the absence of penalty interest. On February 3, McDonald`s employees will have the opportunity to switch to the industry price and replace the franchise`s 2013 agreement with the Shop, Distributive and Allied Employees` Association (SDA).