Landmark victory for low-paid Domino’s workers in underpayment class action

Thousands of low-paid Domino’s franchisee workers could be entitled to significant compensation following a landmark victory against Domino’s Pizza Enterprises.

The Federal Court found the pizza giant misled franchisees by directing them to underpay thousands of drivers and in-store staff under outdated employment agreements over five years that excluded key entitlements.

In 2019, Phi Finney McDonald launched the class action against Domino’s on behalf of lead applicant Riley Gall, a former Domino’s delivery driver for underpayment of wages under the Australian Consumer Law for loss caused by misleading and deceptive conduct. The class action covers delivery drivers and in-store workers employed by Domino’s Australian franchisees between 2013 and 2018.

We invite delivery drivers or in-store workers who worked at Domino’s between 2013 and 2018 to register interest in receiving updates about the class action here

The Court found that Domino’s instructed its Australian franchisees to pay delivery drivers and in-store workers under enterprise bargaining agreements when some employees were covered under the Fast Food Industry Award that has better terms and conditions.

These workers should have received benefits under the award, including a 25% loading for casual workers, additional penalty rates for working after-hours, on weekends and public holidays and minimum three-hour shifts.

A forensic investigation conducted by the Retail and Fast Food Workers’ Union’s (RAFFWU) uncovered the underpayments.

His Honour Justice Bernard Murphy found the “Award rather than the Agreements applied to the employment of the applicant and a substantial cohort of Delivery Drivers and In-Store Workers employed by franchise operators during the relevant period”.

Consequently, Domino’s conduct in making the representations was “objectively wrong”, and “was therefore misleading or deceptive conduct or conduct which was likely to mislead or deceive, in contravention of s 18 of the ACL”, he said.

He did not accept Domino’s contention that claims for award entitlements could only be brought through the Fair Work Act. “It is likely that similarly situated group members employed in award stores also suffered causally connected loss, but the scope of the initial trial only allows determination of the applicant’s loss,” he said.

A further hearing will be held to decide group member claims.

Brett Spiegel, Principal Lawyer at Phi Finny McDonald

“The Court’s judgment is a great result for underpaid workers. It finally gives Domino’s franchise employees the justice they deserve. Employees at Domino’s franchises have waited a long time to be compensated for underpayment.

“This systematic underpayment over a five-year period is not only unlawful, but also not a viable or legal business model.

“Riley Gall has shown incredible courage and dedication in bringing this case and persevering over the more than six years to get to this day.

“This landmark victory highlights the harm widespread and systemic wages underpayment inflicts on a vulnerable labour force. And it’s a timely reminder for employers to pay their workers what they are owed under the applicable award or agreement.”

Josh Cullinan, Director Litigation Strategy for Retail and Fast Food Workers Union (RAFFWU)

“When members explained how old rotten SDA deals were ripping them off at Domino’s Pizza, we knew something was off.

Our forensic investigation in 2018 exposed a system of exploitation perpetrated by a multi-billion dollar franchisor on some of Australia’s lowest paid workers.

We thank the tireless effort of Phi Finney McDonald Lawyers, backed by their funder Therium, who were prepared to fight for worker justice.

Today, the Court has vindicated our campaign and set the record straight. We cannot wait for the stolen wages to be returned to workers.

We couldn’t be prouder of our RAFFWU member, Riley Gall, who has led the class action to this stunning success.”

Lead plaintiff Riley Gall, former Domino’s delivery driver in two Queensland franchisees from 2015 to 2018

 

“This isn’t just a win for me. It’s always been about justice for the thousands of others who were exploited and not paid the amount that they deserved under the correct award. Many of them will still be in those positions where the money will really help.

I started work at Domino’s as a delivery driver when I was 17 and stayed for three years, working in three stores in Queensland, two in North Caboolture, from 2015 to 2018. I had a young child at the time and things were a struggle. I was shocked to discover that I was underpaid by thousands of dollars.

Had they paid the correct award rate, it would have made a meaningful difference to me at the time.

This has been a long-awaited decision and a relief that the court recognised the injustice towards workers who have been short-changed for years.

I hope this outcome discourages Domino’s from making money by underpaying franchisee staff.”

 

 

Link to judgment: Gall v Domino’s Pizza Enterprises Limited (No 4) [2026] FCA 967