This article was first published in the November 2017 issue of Governance Directions, the official journal of Governance Institute.
On 15 September 2017 the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 took effect. It makes important changes to the Fair Work Act 2009. These changes potentially affect all businesses but in particular those in franchising or licensing or distribution.
We all know someone who is addicted to Crossfit. Not surprisingly, with its rise in popularity those behind Crossfit have taken steps to protect the brand. This includes the registration of ‘CROSSFIT’ as a trade mark all over the world. In Australia, the word ‘CROSSFIT’ has three separate registrations in a number of different classes.
If you are looking to buy a franchised business which operates from any premises other than your home, you will need a lease. For retail businesses location is critical and it is likely your franchisor will control the negotiation process and require that either the lease be in its name with a sublease or licence granted to you, or allow the lease to be in your name but with some conditions attached.
If you are buying a retail franchise business, the lease is a critical element. Here are 10 questions to ask about your lease...
Congratulations to Partner, Corinne Attard, who has once again been selected by Who’s Who Legal: Franchising as one of the pre-eminent leading franchise lawyers in Australia.
Greg Malakou, Holman Webb CEO, speaks to Business First magazine about how innovation not only gives Holman Webb a competitive advantage in the market but is also fundamental to the firm’s growth strategy.
Domino’s Pizza Enterprises Ltd (Domino’s) has recently paid $18,000 to the ACCC in relation to two alleged breaches of the Franchising Code of Conduct (the Code). According to the ACCC, this represents the first ‘penalty’ for an alleged breach of the Code since it was revamped in 2015.
Being released in cinemas this week, The Founder is the story of how Ray Kroc built the McDonald’s empire.
Michael Keaton plays Kroc and portrays him as an unlikeable, ruthless character who steals the ideas and even words of others without shame. He takes the brand concept and systems originated by Mac and Dick McDonald and passes them off as his own work. In doing so he grows their small operation to one across the US and internationally.
The Greens have announced a new bill which potentially means Australian franchisors could be jointly liable for the breaches of employment awards and laws by their franchisees. But is there already potential liability for franchisors if their franchisees don’t pay their staff their proper entitlements?