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WNA Blog Home » Franchising Articles

When Business Founders Fight and Have a Falling Out

June 9, 2017 | Simone Pentis

Over the last few months the media has picked up on the court fight that erupted between two founders of Grill’d, the burger chain group operating throughout Australia via a network of company and franchised operations. Unlike, many franchise systems, this network has more company owned than franchised stores in its’ 140 outlet chain network. […]



Company Owned vs Franchised Operations – What Does This Mean?

May 8, 2017 | Simone Pentis

Generally, from my experience if you operate within a franchise system, most stores, outlets and/or operations will be franchised rather than company owned. While a few franchise systems take a different approach and have relatively equal numbers of franchised and company owned operations, this tends to not be the common practice, especially as a system […]



New Joint Liability Laws Are Coming !

April 12, 2017 | Simone Pentis

On 1 March 2017, the Federal Government introduced the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (“Amendment Bill”) to amend the Fair Work Act 2009 (Cth) (“FWA”), which for the franchising industry will effectively make franchisors and their holding companies potentially liable for their franchisees and subsidiary’s dealings with its employees in certain situations. […]



Unfair Contract Terms Regime Now In Play

March 13, 2017 | Simone Pentis

2016 was a big year for the franchising sector, not only was it one year after the implementation of the new Franchising Code, but the unfair contract terms regime also came into effect from 12 November 2016 (“commencement date”). From the above commencement date this unfair contract terms regime applied to any standard form agreement […]



Franchisee Employee Matters – Matter!

February 14, 2017 | Simone Pentis

Last year we provided an update regarding the issues the 7-Eleven franchise network’s suffered as a result of the failures of a number of its franchisee’s meeting their employer obligations. These issues have been an ongoing saga for the network, where following the Fair Work Ombudsman’s further investigations, the Fair Work Ombudsman has now published […]



Franchising – Am I acting in Good Faith?

December 7, 2016 | Simone Pentis

Good Faith is an important development within the Franchising Industry yet we still find some people confused by this concept and unsure how to ensure they are regarded as acting in Good Faith, especially when they need to make a decision that may have a negative impact on another party. We have discussed Good Faith […]



Franchising Expos: The Due Diligence and Opportunities – First Steps

November 2, 2016 | Simone Pentis

A few months ago I participated within a Franchising Expo where I came face to face with numerous members of the public looking to either become a franchisor by franchising their existing business or instead make a purchase direct from a franchisor and/or one of their franchisees to become apart of their franchise network. Franchising […]



Good Faith – It’s Important and is Here to Stay and Grow!

October 5, 2016 | Simone Pentis

In 2015 any debate as to whether there are obligations to act in Good Faith within the franchising industry ended with the Franchising Code of Conduct (the main law regulating franchising in Australia) expressly confirming Good Faith exists in franchising and cannot be excluded or limited. The obligation to act in Good Faith applies before, […]



Protecting The Franchise Brand

September 7, 2016 | Simone Pentis

Given a franchise group’s brand may be one of its most valuable assets, franchisors should be continually reviewing its own and its franchisees activities to ensure that the franchisor is actively managing and protecting its brand. There are a number of steps franchisors can take to protect their brand, some of these include a Franchisor […]



Franchising Networks: The impact of one and the importance of the Franchisor

August 10, 2016 | Simone Pentis

When dealing with a franchise network, people will not often distinguish between different franchised businesses, but instead think of one overall business. Franchising as a business format encourages the above view. Most franchise systems seek to ensure that every existing or potential customer can generally expect to experience the same consistent products and/or services irrelevant […]