Following applications by the Shop, Distributive and Allied Employees Association (SDA) made in June 2016 and July 2017 Senior Deputy President (SDP) Hamberger of the Fair Work Commission (FWC) issued a decision to terminate all 27 expired Dominos Pizza Agreements, including those covering drivers and instore employees, effective 12 weeks from today.
SDA National Secretary Gerard Dwyer said that the application to terminate the Dominos agreements arose from the Union’s long-term concerns about the pay and working conditions employees were receiving, particularly in relation to Sunday penalty rates, and the view that the agreements did not meet the industrial standards of the ‘better off overall’ BOOT test.
While the SDA opposed Dominos request that 21 weeks be granted to implement the decision, SDP Hamberger determined that a period of 12 weeks would be reasonable.
Dominos has also stated to the FWC that they would to include further over Agreement payments from the 1st of December including the introduction of a 10% evening penalty rate and a 15% late evening penalty rate in line with the Award from 1 December 2017.
The SDA and Dominos both confirmed their commitment to reaching a BOOT compliant Agreement to be in place before this time.
Negotiations on a new BOOT complaint Agreement are well advanced and yesterday the proposed Agreement was submitted to Fair Work Commissioner Spencer.
While there remain a number of significant matters outstanding, including the structure and provision of payment for overtime for casual employees, delivery allowances and uniforms, these matters are not considered insurmountable and the Union remains confident an Agreement can be reached and rolled out before the termination decisions take effect.
This new, BOOT compliant Agreement will provide strong wages and good working conditions to thousands of Dominos workers across Australia and will provide a critically important long-term compliance tool for the benefit of all franchises and Dominos employees.
Dominos members will be contacted directly by the SDA informing them of any changes and updates over coming weeks.
An application was filed in August 2017 by one individual employee to terminate 2005 Agreement and this was also heard in conjunction with the SDA applications.
Media contact: Darren Rodrigo 0414783405
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