Crowd-funding appeal from Aussie pizza franchisee
posted on 19th September 2016
A former Australian Pizza Hut franchisee has launched a crowd-funding appeal to fight for compensation after he claimed that price-slashing by the company caused him to have to sell pizzas for less than it cost him to make them. A previous attempt by a group of Australian franchisees to bring a class action against the company was thrown out by the Federal Court in March.
No such action has taken place in New Zealand where Pizza Hut master franchisee Restaurant Brands operates the majority of outlets itself. However, the Australian story has been repeated in the New Zealand media.
The master licence for Pizza Hut in Australia was recently acquired by a private equity firm. A different private equity firm, NBC Capital, was recently blamed for the decline of the Eagle Boys franchise by its founder, Tom Potter - see http://www.franchise.co.nz/news_items/1494
Pizza Hut slashed the prices of its pizzas in 2014 to compete with rival Dominos, with its cheapest pizzas selling for A$4.95 (now A$5 - NZ$5.15). The cheapest pizzas currently sell for NZ$5 throughout New Zealand.
After a group of franchisees failed to get an injunction to stop the price cuts going ahead, more than 280 franchisees from across Australia began a class action against Pizza Hut's then-owner Yum Restaurants in 2015, claiming its aggressive pricing policies were forcing mum-and-dad operators to the wall.
Gordon said once wages, rent, franchise costs, royalties, marketing and delivery costs were taken into account, it cost him A$5.50 (NZ $5.67) to make a A$4.95 (NZ $5.10) pizza.
An estimated 90 percent of franchisees claimed losses and business collapses as a direct consequence of orders they slash the price of pizzas by up to 50 per cent, to take market share from rivals.
The class action, initially led by Sydney franchisee Danny Diab, alleged unconscionable conduct under the [Australian] franchising code.
While Diab walked away from the class action, concerned for the impact it was having on his family (he declined to speak about the case to Fairfax, citing a confidentiality agreement signed as part of the settlement), the rest stayed – and lost.
Yum defended the action and in March the Federal Court threw out the class action.
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