Announcement • Jul 23
Domino's Pizza Enterprises Limited Notes Federal Court Judgment in Gall Class Action Proceeding Domino's Pizza Enterprises Limited noted yesterday's judgment of the Federal Court of Australia in the long-running Gall class action commenced against it on June 24, 2019. The trial took place in November 2022. Domino's announced the commencement of the Gall class action proceedings to the ASX on June 25, 2019. Between June 24, 2013 and January 23, 2018, Domino’s relied on enterprise agreements certified by the Australian Industrial Relations Commission and Fair Work Commission as applying to all corporate and franchised stores. Investigations in 2009 by the Workplace Ombudsman and in 2011 by the Fair Work Ombudsman accepted and applied those agreements. In yesterday’s judgment, the Court took a contrary view and held that a coverage clause in a 2005 enterprise agreement was invalid. As a result, the Court found that Domino's historical representations about the application of those certified agreements constituted misleading and deceptive conduct. The Court's 560-page Reasons for Judgment (Reasons) describe the proceeding as 'novel', noting that the claims were made under the Australian Consumer Law rather than under the Fair Work Act. The Court assessed Mr. Gall's loss to be in the order of $11,869.33 (plus interest). In doing so, the Court considered the expert evidence submitted by the parties and noted that the assessment was decided on the evidence and by inference as to what it was more likely than not Mr. Gall would have been paid if the Award rates had applied, and it was not simply a matter of calculating the difference between the rates of pay and terms and conditions between the certified agreements and the Award. Domino's is carefully reviewing the Reasons to assess its position, including any grounds of appeal that may be available. As the Court's findings of causation and loss were only in respect of Mr. Gall's claim, Domino's potential wider exposure to other alleged group members remains highly uncertain and unquantifiable. This depends on a separate hearing and determination in relation to the members of the group, the number of those members, each member's individual claim of causation and the individual calculation of loss, and the exhaustion of all avenues of appeal available to Domino's or other group members. As the matter remains before the courts, it is not appropriate to comment further. No orders were made in the Reasons and the Court instead gave directions to the parties as to what the proposed orders should address, and directed the parties to file short minutes of order within seven days in view of Justice Murphy's impending retirement. The Court indicated an intention to make an order referring the balance of the proceeding to mediation. Mr. Gall commenced the proceeding as lead applicant on behalf of an alleged group of Australian franchisee employees who worked as delivery drivers or in-store workers between June 24, 2013 and January 23, 2018. The proceeding concerned historical certified enterprise agreements that were applied instead of the Fast Food Industry Award 2010 (Award). Mr. Gall alleged that those certified agreements did not apply to some franchise stores whose employees should have been paid under the Award. Mr. Gall alleged that Domino's contrary representations to franchisees causing them to pay their employees in accordance with the certified agreements rather than the Award were misleading and deceptive conduct which caused Mr. Gall to suffer loss. The alleged representations were characterised as representations of fact or alternatively representations of opinion. The Reasons set out the evidence in detail in anticipation that the matter will go on appeal and so that all of the relevant evidence is before the Full Court. The Court found that Domino's conduct constituted representations of fact, however, in the alternative case that Domino's conduct were representations of opinion Mr. Gall failed to establish that Domino's did not have reasonable grounds for its opinions. The Court further found that by reason of its legal construction of the certified agreements, the representations of fact constituted misleading and deceptive conduct, and that conduct caused Mr. Gall to suffer loss in the form of an underpayment. However, Mr. Gall's claim for loss of opportunity failed. The questions of causation and loss were only decided in relation to Mr. Gall's claim. All other alleged group members will need to establish causation and loss at a future hearing. Not all of the 35 Common Questions were decided in the Reasons. Additionally, the identification of the franchise stores that are alleged to be subject to the Award, and the identification of employees of those stores, were not determined at the trial or decided in the Reasons. This release has been authorised for release by the Board of Directors. Announcement • Jan 28
Domino's Pizza Enterprises Limited Announces Board Changes, Effective February 24, 2026 Domino's Pizza Enterprises Ltd. announced the appointment of Judith Swales as an Independent Non-Executive Director, effective February 24, 2026. Coinciding with Ms Swales' appointment, longstanding Director Grant Bourke will retire from the board on February 24, 2026 after almost 25 years as a Director. Ms Swales brings extensive board and executive leadership experience across a diverse portfolio of global enterprises and currently serves as Non-Executive Chair of Super Retail Group Limited. With more than two decades in senior roles within high-profile, consumer-facing organisations, she is a seasoned professional in retail, sales, marketing, and manufacturing. Her previous executive appointments include Chief Executive Officer Global Markets at Fonterra, Managing Director of Heinz Australia and CEO and Managing Director of Goodyear Dunlop, Australia and New Zealand. Earlier in her career, Ms Swales worked for retailers in the United Kingdom, including WH Smith before relocating to Australia in 2001 as the Managing Director of Angus & Robertson. As a non-executive Director, Ms Swales has served on the board of Virgin Australia, DuluxGroup and Fosters. Ms Swales holds a Bachelor of Science (Honours) in Microbiology and Virology (University of Warwick) and is a graduate member of the Australian Institute of Company Directors. Ms Swales will join the Audit and Risk Committee, the Nomination, Culture and Remuneration Committee as well as the Independent Board Committee. Mr. Bourke has been part of Domino's since becoming a franchisee in 1993. He later vended his stores into Domino's while becoming a Director in 2001. He was on the Board when Domino's was admitted to the ASX in 2005 and served in a variety of corporate roles, most notably the Head of Corporate Store Operations in Australia/NZ and Managing Director, Europe. On his return to Australia in 2007, Mr. Bourke became a Non-Executive Director, a role he has filled since. A search for an additional Non-Executive Director is underway as part of the Board's ongoing renewal process. Announcement • Jan 12
Domino's Pizza Enterprises Limited Announces Executive Appointments Domino's Pizza Enterprises Limited has announced the appointment of Merrill Pereyra as Chief Executive Officer, Australia and New Zealand, effective January 23, 2026. Pereyra brings over 30 years of experience in the quick-service restaurant industry, including previous leadership roles with McDonald’s and as CEO of Domino’s Pizza Indonesia. He most recently served as Managing Director of Pizza Hut, India, for Yum! Brands, where he led a turnaround of sales performance. According to Executive Chairman Jack Cowin, Pereyra’s track record of building franchise relationships and growing same-store sales makes him an ideal fit to improve business performance in the ANZ market. In addition to Pereyra’s appointment, George Saoud, currently Group Chief Financial Officer, will assume the additional role of Group Chief Operating Officer, effective January 12, 2026. In this expanded role, Saoud will take on leadership responsibility for Technology and Procurement & Supply Chain, alongside his existing oversight of the company’s financial strategy and capital management. Cowin stated that Saoud’s expanded role will drive sustainable growth across Domino’s global operations, reflecting the company’s focus on disciplined execution, operational performance, and cost management. These appointments are part of Domino’s ongoing effort to strengthen operational leadership and execute its turnaround priorities. The company also confirmed that the search for a permanent Group Chief Executive Officer is progressing, with further updates to be provided in due course. 
