The FCC (which was previously known as the Franchising Consultative Panel) was established by the ACCC to provide a forum through which competition and consumer concerns relating to the franchising sector, and other franchising issues, could be considered and addressed collaboratively.
The ACCC is currently seeking expressions of interest for membership of this committee.
A brief application, which should include a resume and a covering letter (no more than 3-4 pages) addressing the criteria below (to the extent they are not addressed in the resume provided), should be lodged by 5pm (eastern summer time) on Wednesday, 1 February 2012.
ability and commitment to attend biannual meetings
experience in the small business sector
current links with the small business sector (e.g. industry association) that would allow the member to convey current issues of concern to small businesses
independence from government interests; and
interpersonal skills and experience in negotiations.
Functions, membership and administrative arrangements
The FCC was established by the ACCC to:
comment on issues affecting the franchising sector that fall within the scope of the Competition and Consumer Act 2010
provide advice, information and consultation to the ACCC on franchising issues, as requested by the ACCC
act as a conduit of information between the ACCC and industry
provide tangible outcomes for franchisors and franchisees through work that members undertake in partnership with other members and with the ACCC.
Members are expected to provide input at meetings on:
issues and processes affecting the franchising sector that fall within the scope of the ACCC’s administration of the Act
emerging issues or market developments that may be of concern to franchisors or franchisees
information dissemination strategies and appropriate external networks available to enhance communication with the franchising community
issues as requested by the ACCC.
The FCC is a consultative body that helps inform the ACCC on issues relating to franchising; however, its decisions and recommendations are not binding on the ACCC.
Members are drawn from a range of sectors, including franchisees, franchisors, business advisors, government agencies and franchising researchers and educators with a focus on ensuring membership represents a broad cross-section of franchising. There is no fixed limit on the number of members.
Observers from the Office of the Mediation Adviser, the Department of Innovation, Industry, Science and Research and the Office of the Victorian Small Business Commissioner are also invited to attend and participate in FCC meetings.
FCC meetings are convened and chaired by the ACCC Deputy Chairman, Dr Michael Schaper.
FCC meetings are held twice a year in the ACCC’s Canberra office; other attendees are also able to participate by videoconference link from the ACCC’s other offices. Meetings generally run for 2–3 hours.
The ACCC does not pay sitting fees or reimburse travel costs for participation in the work of the committee; members must meet their own expenses.
In general, members are encouraged to disseminate information provided at committee meetings to members of their industry. However, information provided on a confidential basis must be treated as such. Deliberations and debate between members of the committee are held under a variation of the Chatham House Rule to encourage free discussion, namely: 'Participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed'.
Appointment to the FCC is at the discretion of the ACCC, and members typically hold office for a period of 2 years.
Current membership
The committee is made up of a broad range of industry stakeholders with experience (past or current) as franchisors, franchisees, industry associations with a particular interest in franchising, franchise consulting businesses, academics conducting research into franchising issues and law firms which advise on franchising issues.
Following a recent review of the FCC’s membership, the FCC is now made up of the following 14 members:
Mr Tim Hantke (Franchising Solutions)
The Hon. David Beddall (Franchisee Association of Australia)
Mr Robert Gardini (HWL Ebsworth)
Mr Derek Sutherland (ICON Law)
Mr Steve Wright (Franchise Council of Australia)
Ms Stefanee Lovett (Federal Chamber of Automotive Industries)
Also participating in meetings of the committee are observers from the Office of the Mediation Adviser (OMA), the Department of Innovation, Industry, Science and Research (DIISR) and the Office of the Victorian Small Business Commissioner.
