In 2017, the Fair Work Act was amended to make franchisors liable to the employees of franchisees in certain circumstances (“Vulnerable Workers Act”). A recent case by the Fair Work Ombudsman brought against a franchisor pursuant to the Vulnerable Workers Act is a reminder of the potential liability of franchisors. The Fair Work Ombudsman (“FWO”) has alleged that 85 Degrees Coffee Australia Pty Ltd as franchisor was liable for an underpayment to employees of its fran...

Elizabeth Gore-Jones will be presenting at the Legalwise Seminar "Franchising Law: Cases, Disclosure, Restraints and Insolvency" an online seminar on 28 March 2023. Elizabeth will discuss: Disclosure Obligations Legislative Impact Case law More information and booking details can be found here: Legalwise Online Franchising Seminar You can of course always contact us directly for further information or advice. ...

Residential home building company, Fowler Homes Pty Ltd, has admitted that its standard contract contains unfair contract terms and has provided an undertaking to the ACCC not to enforce those terms. The provision of concern was a non-disparagement clause which prohibited clients from publishing or sharing negative reviews or any other feedback which included online or social media feedback about the services or its contract without Fowler Homes’ consent.  The clauses required cli...