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ARTICLE · 25 JULY 2019

Old enterprise agreements and class actions: Danger! Danger! Warning Warning!

Class actions, often funded by litigation funders, are a recent but thriving part of the employment law landscape.

AustraliaEmployment and HR

In the last couple of weeks, a class action underpayment suit has been filed in the Federal Court against Domino's Pizza. It alleges that Domino's engaged in misleading and deceptive conduct when it advised many of its franchisee store owners to pay employees in line with enterprise agreements that did not cover either the franchisee business or its employees. It is alleged this has led to many employees being underpaid casual loading; penalty rates for public holidays, weekends and evenings; and other allowances, loadings and entitlements they should have received under the Fast Food Industry Award.

It is unclear whether advice to follow the (wrong) enterprise agreement was a misunderstanding of the scope of the enterprise agreement (easy enough to do), or a deliberate ploy to cut costs.

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