Review of the Franchising Code of Conduct – Feb 2024

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 […]

Franchisor Alert – Underpayment of Franchisee’s Employees

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 […]

Update – Childcare franchise sector in Australia 2024

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 […]

Franchise Review – What’s in store in 2024/2025

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 […]

Childcare Centres – Operating Building, Developing and Investing: The Sector in 2024 and Beyond

Written by Robert Toth Recent Regulatory DevelopmentsThe childcare industry is a dynamic sector undergoing constant change and review.Three key developments over the past 12 months have been: The government’s National Vision aims to deliver better outcomes for children and includes: The ACCC review made 8 recommendations to the federal government to improve affordability and access […]

Mercedes Benz Dealerships Appeal Fails

Written by Robert Toth What this decision means not only for auto dealers, but for Franchisors generally. Almost all Mercedes Benz dealers in Australia launched an appeal against a Federal Court judgement in August 2023 which dismissed a class action claim against Mercedes-Benz Germany. The case ran for approximately 7 weeks in court in 2022 […]

Home Services – Taking Care of Business

Written by Robert Toth, featured in the Business Franchise Magazine https://www.businessfranchiseaustralia.com.au/ Do you remember that great song “Takin’ Care of Business” written by the Canadian rock group Bachman -Turner Overdrive (BTO) for their 1973 album? Maybe this is showing my age! The song was about a recording technician who would take the 8:15 a.m. train […]

Home Services – Taking Care of Business

Written by Robert Toth, featured in the Business Franchise Magazine https://www.businessfranchiseaustralia.com.au/   Do you remember that great song “Takin’ Care of Business” written by the Canadian rock group Bachman -Turner Overdrive (BTO) for their 1973 album? Maybe this is showing my age! The song was about a recording technician who would take the 8:15 a.m. […]