Franchise Advisory Centre

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Franchise review to introduce "good faith" provision into code

5:44PM | Monday, 20 May

The long awaited publication on Friday of the government’s review of the Franchising Code of Conduct has been welcomed by the franchising sector.   The Franchise Council of Australia and the Franchise Advisory Centre have both backed the 18 recommendations in the review conducted by franchising expert Alan Wein.   The major change pushed by the review is its recommendation to incorporate the common law duty of good faith into the code, rather than devising some new and different definition of good faith.   The report also rejected calls for mandatory extension of franchise agreements, and compensation at the end of the franchise term.   The review found the Australian franchise sector operates well. Wein wrote that the Franchising Code of Conduct is “a robust model” and “generally operates effectively within a very dynamic and difficult economic environment.”   Wein also noted the relatively low levels of complaint and disputation in the sector.   Stephen Giles, partner at law firm Norton Rose and deputy chairman of the Franchise Council of Australia, told SmartCompany the Wein Report affirms the health of the franchise sector.   “There are good recommendations to improve disclosure and address perceptions about good faith, and also try to reduce potential red tape,” he says.   “One of the key things for us is that the Franchising Code of Conduct is a single national framework, not state-based.”   Jason Gehrke, director of the Franchise Advisory Centre, is also backing the recommendations.   “I think there is something in the recommendations for everyone,” he says.   “There are suggested improvements on technical aspects to the code which have been of concern for a while and there are things there which will contribute towards a greater level of best practice of franchising in Australia, which already is world’s best practice anyway.”   Gehrke praised the review’s introduction of a good faith provision.   “I think a definition of good faith is always problematic, so the solution that good faith is not to be defined in the code but it is to be acknowledged, is the best possible outcome,” he says.   The FCA and FAC both believe the changes advocated in the review will not increase red tape in the franchising sector.   “As a small business sector we are always conscious that there is a lot of regulation of franchising relative to other areas of business but I think that is just a function of franchising being more identifiable,” Giles says.   “The key will be to make sure the actual amendments implement the intent of the review.”   Gehrke also says whether or not red tape increases depends on the translation of the recommendations, as “the devil will be in the detail”.   “Conceptually the recommendations are understandable. How they translate into the practical day-to-day conduct of a commercial entity might require a lot more detailed thought,” he says.   The changes recommended in the review have bipartisan support, so the FCA and FAC both hope they are quickly legislated.   “Both the small business minister and shadow small business minister have no great desire to have this as a battle ground for the election,” Giles says.   The full report is available here.   This story first appeared on SmartCompany

US burger franchise Carl’s Jr wants to open 300 stores in Australia

3:34AM | Friday, 15 March

Carl's Jr is set to launch in Australia with the American burger chain announcing its intention to open 300 stores in the next 10 to 15 years.

Franchisee cultural diversity on the rise

2:44AM | Thursday, 7 February

An expert has highlighted some of the challenges of hiring immigrant franchisees, after Retail Food Group said more than 50% of its successful franchisee applicants over the last six months spoke English as a second language.

Retail Food Group sees 120% post-Christmas spike in franchise enquiries

1:22AM | Thursday, 31 January

Retail Food Group says it received more than double the number of enquiries this January compared to January 2012, as enquiries throughout franchising experience an upward trend.

Italian gelato chain RivaReno heads Down Under

3:21AM | Monday, 11 March

Italian gelato chain RivaReno has chosen Sydney as its first location outside of Italy, opening a store in Sydney’s Darlinghurst, but an expert says it will have to work hard for consumer dollars.

Collins Booksellers diagnoses healthy returns on hospital-based store strategy

3:27AM | Monday, 11 March

Collins Booksellers has opened a store inside a hospital as part of a new strategy, but experts say other retailers looking to follow suit must be willing to customise their store layout and stock.

Vending franchises won’t help you get rich quick, entrepreneurs warned

3:28AM | Tuesday, 12 March

Aspiring entrepreneurs have been warned about the deceptive ease of running a vending machine franchise, after a major vending company announced its plan to offer vendor financing and a DIY package.

BoQ franchisee court case serves as due diligence reminder

9:58AM | Monday, 17 September

Franchisees and franchisors have been urged to do as much as “humanly possible” to scope each other out before entering into an agreement, as a court battle kicks off involving 10 former Bank of Queensland franchisees.

Dog grooming franchise HydroDog rebrands, taps into mobile concept

9:54AM | Tuesday, 4 September

The success of mobile franchises often depends on the season, an expert says, after mobile dog grooming service HydroDog Australia underwent a rebrand and launched two new businesses.

Franchising expert highlights pros and cons of training academies

8:01AM | Tuesday, 21 August

An expert says training academies can be an ideal way to educate franchisees without damaging the reputation of the brand, after Retail Food Group revealed details about its training academy.

Pets Paradise problems just beginning for franchisees

8:03AM | Friday, 3 August

The appointment of receivers to Pets Paradise this week did not include stores operated by franchisees, but franchising experts warn there are still difficult times ahead for franchisees.

Snooze latest to offer vendor finance to franchisees

7:37AM | Thursday, 12 July

Bedding retailer Snooze has become the latest franchise to offer vendor finance for its franchisees, following in the footsteps of the likes of Baker’s Delight.

Brumby’s carbon tax controversy prompts franchisee legal warning

7:36AM | Monday, 9 July

Franchisees have been warned that they are personally liable for their actions, in the wake of the Brumby’s carbon tax pricing furore.

Subway franchisee accused of underpaying workers more than $50,000

5:52AM | Thursday, 31 May

A Subway franchisee is in hot water for allegedly underpaying 11 staff by more than $50,000, with an industry expert warning that franchisors should ensure their franchisees receive proper legal information.

Billy Baxter’s franchisees win $1.22 million in damages

5:51AM | Tuesday, 15 May

A franchisee couple has been awarded $1.22 million in damages after a successful appeal against franchisor Billy Baxter’s, prompting an expert to highlight the importance of site selection.

Jim’s Cleaning franchisee triggers warning over exclusivity rights

5:17AM | Thursday, 3 May

A franchising expert has issued a warning to prospective franchisees about exclusivity rights, after a former Jim’s Cleaning franchisee claimed he lost exclusivity in his assigned territory.

Kleenit swoops for Graffiti Gone as franchise acquisitions heat up

5:48AM | Wednesday, 2 May

The franchising sector can expect to see more mergers and acquisitions as smaller franchises struggle to remain profitable, an expert says, after Kleenit acquired competitor Graffiti Gone.

Go Sushi extends its manage-to-own program

4:05PM | Wednesday, 11 April

Susphi chain Go Sushi has followed in the footsteps of Bakers Delight, extending its Manage to Own program, which allows more than 75% of start-up costs to be paid over three to five years.

Look beyond Aussie novelty factor, franchisors told

3:33AM | Monday, 12 March

Local franchises can use their “Australianism” as a novelty factor when entering new markets, a franchising expert says, but must evolve their brand in order to be successful in the long-term.

The great franchise giveaway

5:09AM | Wednesday, 2 May

The problem franchisors face in recruiting quality franchisees isn’t a new one, but only recently have industry players begun to offer bold incentives, such as the reduction or elimination of fees.

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