Employment
Law

We can provide comprehensive advice in updating your Operations Manual and your systems and processes to ensure you comply with best practice in the franchise sector when it comes to employment matters.

There is a risk that franchise systems overlook the need to provide their franchisees with proactive and detailed support and guidance on employment law, believing that this is the franchisee’s responsibility. This assumption is wrong. The Fair Work Ombudsman (FWO) is increasing its attention on the retail sector (particularly restaurants and fast food). It has not hesitated in holding the franchisor partially responsible for a franchisee’s breach of employment awards and conditions, as the growing list of Proactive Compliance Deeds signed by franchisors makes abundantly clear.
Dominos, Retail Zoo (owner of Boost Juice, Salsa’s Fresh Mex and other retail food brands), Bread Top, Red Rooster and McDonald’s have all signed Proactive Compliance Deeds with the FWO. These Deeds have required the franchisor to audit franchisees to ensure they are paying their employees appropriately and are complying with the relevant awards and conditions.

Our firm has extensive experience in advising retail clients (both franchisors and franchisees) in relation to award conditions, employment agreements and employment disputes generally. We also have extensive experience dealing with the Fair Work Ombudsman, ensuring our clients obtain the best outcome from any investigation that the FWO undertakes of their business. If you receive a call from the Fair Work Ombudsman we strongly recommend you obtain appropriate legal advice at the earliest stage in your dealings with the FWO to ensure the best outcome possible.

Of course, prevention is better than cure. We also recommend you contact us to ensure your systems and processes are in place to ensure you have the right information when it comes to employee awards and conditions. If you have any questions regarding employment law issues our legal team is ready to assist. Call them to discuss any employment issues you may have.

Franchise news and updates

Contract
Franchise 101Franchise ConsultingFranchise Legal Advice
August 8, 2016

Changes in Unfair Contract Terms

The legislation around unfair contract terms for consumers has been extended to include standard form contracts for small businesses. The ACCC is focused on protecting small businesses from unfair contract terms. Particularly in relation to…
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Franchise Law Done Right
Franchise 101Franchise ConsultingFranchise Legal Advice
July 18, 2016

What’s the point in mediation? Lessons on handling franchise disputes

For both franchisors and franchisees, mediation is a slightly mysterious process. How franchise disputes usually occur is that one party issues a Notice of Dispute to the other -  then several months later you end…
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