On Tuesday 13 April 2021 the Federal Court handed down its decision in the strike out application brought by Domino’s Pizza against a workers class action.

Domino’s Pizza lost its bid to stop workers.

Justice Murphy rejected Domino’s complaints about the pleadings and urged Domino’s to resolve further concerns through case management, rather than taking an overly technical approach to the case.  In the judgment his Honour stated:

 “I have no doubt that Domino’s understands the case it has to meet, and in my opinion its complaints about the ambiguity, embarrassment and delay that is said will arise from the alleged deficiencies in the pleading were exaggerated” at [3]

The claim has been brought on behalf of delivery drivers and in-store workers employed across Domino’s Australian franchise network, and alleges that these workers should have been paid under the Fast Food Industry Award 2010, under which they would have received casual loading, penalty rates, 3-hour minimum shifts and laundry allowances.

Download the judgement here:

Gall v Domino’s Pizza Enterprises Limited (No 2) [2021] FCA 345 – 13 April 2021

Workers who worked at a Domino’s Pizza franchisee outlet in the period June 2013 to January 2018 can find out more and register online at