Mike Treen, national director of Unite Union, says the draft plan of level 3 operations he's seen flouts the rules and may be "an unlawful breach of health and safety obligations".
When the nationwide lock down lifts to alert level 3 on from midnight on Monday, hospitality businesses are allowed to open, but only if customers are served without face-to-face contact.
"The training material given to staff has them passing product directly to customers in drive through closer than 2m and requires them to handle cash," Treen said.
"This does not meet the requirements to maintain physical distancing and have contactless interactions."
The union believes this lack of physical distancing will put the health and safety of staff at risk, Treen said.
It may also put customers at risk, as they will receive food from staff who haven't been physically distancing from other customers and who have been handling cash and food at the same time.
While other fast food chains such as Burger King, KFC, Pizza Hut and Car's Jr have taken extra measures, Treen said there were still problems.
"Burger King plans to accept cash but at least it is at a separate window and is separated from food," he said.
KFC, Pizza Hut and Car's Jr stores will only accept eftpos payments.
"But Burger King and Restaurant Brands plan to receive payments and hand over food using a tray through a window that does not maintain a 2m distance," Treen said.
"This, therefore, breaches alert level 3 settings and public health requirements."
Only Wendy's appears to have been fully compliant to the union, he said.
Wendy's customers will need to wait until drive-through windows are closed before taking food that is placed on a table outside and they cannot pay with cash.
Treen said it was frustrating to see that thousands of smaller restaurants were making the effort, at their expense, to open under level 3.
"The strict requirements for physical distancing and contactless transactions remain in place, whether click and collect or drive-through," he said.
"Just because they already have a drive-through area, doesn't mean they don't have to take the extra measures to make that area compliant.
"We are concerned that profit is being put ahead of safety and this will be a danger to both customers and workers."
