Franchising

The franchising business model is built on customer loyalty, brand positioning and business processes. To succeed, franchisors and franchisees are reliant on each other to maintain these key features.

The relationship is weighted in favour of the franchisor, which places an onus on them to remain in control of certain standards. A positive and compliant workplace is one of these factors, as getting it wrong can damage the brand and the overall success of the franchise. The introduction of the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, further increases the risks for franchisors, resulting in increased penalties for underpayments by their franchisees.

The HR Legal team works closely with franchisors and their franchisees to develop workplace documentation, processes and training that ensure they remain legally compliant. We have provided advice and support to franchisors and franchisees, including:

  • Franchisee workplace audits for employment and safety law compliance
  • Contracting agreements and advising on sham contracting
  • Phone and email support for head office and franchisees on Award compliance
  • Tailored training for new and existing franchisees on employment law compliance
  • Franchise specific employment contracts and workplace policies
  • Deeds of Compliance with the Fair Work Ombudsman
  • Advice on award classification and compliance, including pay rates
  • Performance management processes and advice on termination of employment
  • Conducting investigations into bullying, harassment and discrimination claims
  • Representation in the Fair Work Commission
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