In the recent decision of Retail and Fast Food Workers Union
Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258, an
Australian court (namely the Federal Court) has, for the first
time, held that employees have a workplace right to use the toilet
and drink water while at work.
This determination was made by the court in considering whether
the employer, Tantex Holdings Pty Ltd
(Tantex), which operates a number of
McDonald's restaurant franchises, had, in a number of posts on
Facebook, contravened the general protections provisions of the
Fair Work Act (the Act) (including by
making false or misleading representations in breach of section 345
of the Act).
Justice Logan of the Federal Court held that even though
employees had an express right, pursuant to the applicable
enterprise agreement, to a 10 minute drink break and/or 30 minute
meal break after working a specified number of hours, they were
also entitled to be given a reasonable opportunity to have a
