FRANCHISING CODE OF CONDUCT
Greyson Legal | Franchise Lawyers have a sound understanding of the Franchising Code of Conduct and its application.
If you require assistance:
understanding the Franchising Code of Conduct
how the Code applies to you; or
because the Franchisor may have breached the Franchising Code of Conduct,
give us a call to see how we can help you.
Is the Franchising Code of Conduct mandatory?
Yes, the Code is a mandatory industry code prescribed under section 51AD of the Competition and Consumer Act 2010 (CCA) and regulates the conduct of Franchisors and Franchisees.
How does the Franchising Code of Conduct regulate?
The Code regulates in a number of ways, such as:
requirement for certain minimum provisions within a Franchise Agreement
provides a dispute resolution procedure
incorporates a cooling off period
requirement for Franchisors and Franchisees to act in good faith.
The Australian Securities & Investments Commission (ACCC) oversees compliance with the Franchising Code or Conduct and investigates alleged breaches.
The ACCC has a range of compliance and enforcement tools at its disposal to ensure compliance with the Code, such as:
the party in breach agreeing to certain remedial action and/or compensate affected parties
obtaining court enforceable undertakings
issuing of infringement notices
imposing fines and penalties
commencing court proceedings
For example, in the matter of Back In Motion Physiotherapy Pty Ltd certain restraint of trade terms in its Franchise Agreements were deemed unfair. The company agreed to provide a court enforceable undertaking, for instance, not to include such terms in its future Franchise Agreements.. Read more here.