Frequently Asked Questions

• What is the case about?

  From 24 June 2013 to 24 January 2018, delivery drivers and in-store workers who worked for Domino’s and its franchisees in Australia were employed under a series of employment agreements that did not pay certain entitlements including (for example):

  1. 25% loading for casual workers;
  2. additional penalty rates for working after-hours, on weekends and on public holidays; and
  3. a laundry allowance to assist with uniform cleaning.

  If delivery drivers and in-store workers had been properly paid under the Fast Food Industry Award, they would have received these entitlements. The Award also provided for a different (in some cases better) allowance for deliveries per shift as well as a minimum 3-hour shift.

  The class action alleges that until 24 January 2018, Domino’s instructed most of its Australian franchisees to pay delivery drivers and in-store workers under the wrong employment agreements.

  As a result, most delivery drivers and in-store workers in Australia were paid less than they should have been paid.

• What do you say that Domino’s did wrong?

  The class action alleges that Domino’s improperly told its Australian franchisees to pay delivery drivers and in-store workers under employment agreements that did not apply.

  We allege that delivery drivers and in-store workers are therefore owed the difference between the wages paid under the employment agreements and the amount they should have been paid under the Award.

• How much does it cost to participate in the class action?

  Therium is funding the class action against Domino’s. Therium is one of the world’s largest and most experienced litigation funders.

  Litigation funding takes the risk out of participating in the class action, because:

  1. You will not have to pay any money upfront for legal fees or any other expenses.
  2. You will not be responsible for paying Domino’s costs.

  In exchange, the litigation funder will be paid an amount from any successful outcome you receive that represents your share of the legal costs and the costs of funding the class action.  This must first be approved by the Court.

• Why should I register for the class action?

  Registration is not compulsory, but you are encouraged to register. There are a number of reasons you should consider registering for the class action now:

  1. those who register will be invited to supply Phi Finney McDonald with information about their claim including any underpaid wages they might be entitled to recover;
  2. in the absence of sufficient numbers of group members registering, it may be more difficult to settle the class action or any settlement which is reached may be lower, because the absence of detail in relation to the claims of group members may make it more difficult to reliably assess the size of the claim;
  3. if the Court approves a settlement of the class action, the Court will be likely to require potential or actual group members to register by a certain date if they wish to participate in and benefit from the settlement in any event; and
  4. it will enable Phi Finney McDonald to provide you with regular updates in relation to the class action and to contact you if you become eligible for compensation.

  By registering now, the details about your claim can be used to inform any settlement discussions and will be considered as part of any settlement.