It is a well established principle of Australian law that businesses that illegally exploit their employees can face serious penalties under the Fair Work Act 2009 (Cth) (“Fair Work Act”). It should therefore be unsurprising that franchisees who have engaged in behaviour that illegally disenfranchises their workers can be subject to penalties from the Fair Work Commission.

The ACCC announced on 6 October 2022 that it had issued Jim's Group Pty Ltd with two infringement notices and that Jim's Group Pty Ltd had paid $24,420.00 in penalties.

The infringement notices related to an alleged failure to comply with the Franchising Code of Conduct and an alleged failure to comply with the Australian Consumer Law. 

We have set out below a number of the approaching Key Franchise Dates, related primarily to a franchisor's end of financial year reporting and disclosure obligations. 

On 1 April 2022 the Franchising Code of Conduct (the Franchising Code) was amended to insert a new clause 53 which sets out the requirements for the Franchise Disclosure Register.

[What is the Franchising Code?]

The Franchising Code of Conduct (the Franchising Code) sets out the obligations (including annual obligations) relating to advertising and marketing funds operated by a franchisor.

The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.

In Part 1 of our series "Can I Franchise my Business?" I covered crucial factors such as branding, consistent business systems and maintaining uniformity.

As a franchise lawyer, I see many people who are interested in using franchising as a growth strategy for their business. When discussing whether franchising is the right growth strategy, one of the first topics I talk about is branding.

In this article, in addition to branding, I'll cover a number of initial factors that should be considered when assessing the possibility of franchising your business.

But first, I examine what franchising involves and how it can facilitate the growth of your business.

Dispute resolution, also known as alternative dispute resolution or ADR, encompasses various methods and techniques that aim to resolve conflicts and disagreements. It provides an alternative to traditional legal processes, such as litigation, and offers parties involved in a dispute the opportunity to find mutually satisfactory solutions.