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WNA Blog Home » Licensing Articles

Joint Liability and Increased Penalties – Now in Play for Franchising!

October 2, 2017 | Simone Pentis

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“FWAA”) has now come into effect, materially impacting the Franchising Industry (and possibly extending to those in the licensing industry), with the main impact being that: there are now higher penalties for serious contraventions of workplace laws and record keeping breaches; and from 27 October 2016, […]



Get Ready – It’s Annual Update Time!

September 1, 2017 | Simone Pentis

Given that most franchise systems within Australia follow the standard Australian Financial Year of 1 July to 30 June, we are fast approaching the expiry of the 4 month period, Franchisors have from the end of their last Financial Year to have updated their Disclosure Document. Additionally, for those Franchisors with marketing/co-operative funds, they must […]



Processes and Systems – Are they working to keep you on the good side of the ACCC.

August 3, 2017 | Simone Pentis

Half way through the year and the ACCC are definitely keeping active in the Franchise sector. Following on from our prior blog dealing with the ACCC’s infringement notice against the Domino’s Franchisor, the ACCC has since taken action against the Franchisor of Ultra Tunes and the Franchisor of Geowash. While both of these franchise systems are […]



News Update – Get Prepared the ACCC are Taking Action

July 6, 2017 | Simone Pentis

Earlier this year in May, the Australian Competition and Consumer Commission (“ACCC”) issued its first infringement notices for alleged breaches under Australia’s updated Franchising Code of Conduct (“Code”) that resulted in civil penalties being paid by a Franchisor.  What this means for Franchisors is that the ACCC are ready to take action, and under the […]



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 […]



Why all Australian Distributors Should Trademark Goods They Distribute.

March 2, 2017 | Binh Rey

We’ve come across many distributors who have iron clad distribution agreements with companies to import their product into Australia. However, what these distributors fail to do is to obtain the trademark for the products they are bringing into the country to sell. Why is it so important to have trademarks for brands you don’t own? […]



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 […]