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On 8 February 2024, Dr Michael Schaeper reviewed the Franchising Code of Conduct (“Code”) and put forward his report (“Report”) to the Federal Government. The last review of the Code was undertaken by Mr Alan Wein in 2013. This review was aimed to take stock of the status of the franchise regime. Dr Schaeper made several recommendations as follows:➢ That the Code be reviewed and have a clear statement of purpose.➢ The 2021 changes relating to termination under clause 29 of the Code be revisited and “best practice” ...

Franchisors should be aware of this recent case where a Franchisor was fined a sum of $1.44 million by the Fair Work Ombudsman (FWO) for underpayments by their franchisees to their employees. What happened? A recent case by the Federal Court – Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA found the franchisor liable for their franchisees’ failure to pay its employees. The FWO case was that nine employees of eight 85 Degrees franchisees in Sydney in 2019 were underpaid a total of $32,231.00. The FWO ackno...

While there are a number of business sectors under enormous financial pressure such as retail business and the construction sector, with many of those businesses failing to survive post the pandemic, the Early Learning sector continues to thrive due to the governments subsidies and the need for early learning centres in metropolitan, rural regional areas and the growth corridors areas surrounding most capital cities. Some statistics to note Australia’s Child Care sector operates under a government supported subsidy model, with a...

When we’re out in public, recorded music surrounds us wherever we go. Sitting in waiting rooms, browsing shops, eating at restaurants, and exercising at the gym—these everyday activities would all feel pretty strange and lifeless without music. If you read the fineprint of the user agreements of many popular digital music streaming services, you’ll find that your subscription only buys their platform for ‘domestic and personal use.’ So how do artists get paid for music played in public places or businesses? If you own a busi...

The Franchising Code of Conduct (the Code) sunset date is 1 April 2025 which means the Code then ceases to exist and will then not be legally enforceable after 27 years in operation since its establishment in 1988. The Code provides a framework for fairness in franchising for both parties and addresses the power imbalance between franchisors and franchisees. The government appointed Dr Michael Schaper to undertake an independent review of the Code on 15 August 2023 and the report was released 8 February 2024 by the Minister for Small ...