Gall v Domino’s Pizza Enterprises Limited (No 4)
Citation: [2026] FCA 967
What happened
This case, Gall v Domino’s Pizza Enterprises Limited (No 4), concerns a class action lawsuit brought before the Federal Court of Australia. The Applicant, Mr Gall, and other employees of Domino’s franchisees alleged that Domino’s Pizza Enterprises Limited engaged in misleading or deceptive conduct under the Australian Consumer Law. They claimed this conduct caused them loss and damage, specifically unpaid award entitlements. The case also examined whether a clause in a certified agreement could be inconsistent with the Fair Work Act 2009.
What was decided
The Federal Court considered several key issues relating to misleading or deceptive conduct, including whether Domino’s representations were conveyed, if they were facts or opinions, and whether there were reasonable grounds for those opinions. The court also addressed whether the alleged conduct occurred ‘in trade or commerce’ and whether it could be deemed misleading even if not apparently so at the time. The Court considered the requirement for a counterfactual under s 236 of the Australian Consumer Law and whether unpaid award entitlements are recoverable under that section. It also examined the consistency of a clause in a certified agreement with the Fair Work Act.
What it means for employers
Employers, particularly those operating franchise systems, should carefully review their communications to franchisees and ensure they are accurate and not misleading. This case highlights the potential for franchisors to be held liable for the actions impacting employees of their franchisees. Employers need to understand how representations made might impact others and consider whether those representations can be reasonably supported.
What it means for employees
Employees working within franchise systems should be aware of their rights and protections under consumer law. This case demonstrates a potential avenue for seeking redress if they have suffered loss or damage due to misleading conduct by a franchisor. Employees may be able to join class actions to pursue claims collectively.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0967Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →