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Franchising resources we've created
We create resources for franchisors, franchisees, and anyone thinking about becoming a franchisee. The aim is to help them understand their rights and obligations.
Some of our recently updated resources are:
You can access all our franchising resources online.
Compliance work we've carried out
We recently looked into disclosure practices in the food franchising sector.
Our report Disclosure practices in food franchising summarises the key findings.
- We conducted targeted compliance checks in 2019 on 12 franchisors from the food services sector.
- Our checks focused on disclosure of information that we consider important to someone thinking about buying a franchise. This includes former franchisee contact details, supply restriction details, and key unavoidable costs.
Enforcement action we've taken
Types of enforcement action we take
Sometimes, the ACCC will take action to enforce competition and consumer laws. There are different things the ACCC can do to enforce laws.
- accept an administrative resolution from a franchisor. This is where the franchisor agrees to do, or stop doing, certain things to address concerns that we’ve raised about their conduct
accept a court-enforceable undertaking from the franchisor, where the franchisor agrees to do, or not do, certain things. A court can enforce what is agreed
- issue an infringement notice to the franchisor, if we think the franchisor has breached a penalty provision. We have guidelines on how we use infringement notices. You can view paid infringements on our public register
- take court action against the franchisor. Ultimately, the court will decide if any laws have been breached.
Examples of enforcement action we've taken
- Jump Swim ordered to pay penalties of $23 million and Ian Campbell ordered to pay compensation
- Megasave and Gary Bourne to pay penalties for misleading prospective franchisees
- Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees
- Bob Jane gives undertaking in relation to franchise agreements
- $4.2 million in penalties ordered against former car wash franchisor Geowash and two executives (and Geowash franchise appeal dismissed in 2021)
- Ultra Tune to pay $2.6 million penalty and Full Federal Court confirms franchisor obligations in Ultra Tune appeal decision
- Fastway Couriers (Perth) pays penalty for alleged franchising code breach
- Pastacup to pay $100,000 for breaches of new franchising code
- Domino’s pays penalty for alleged franchising code breach
- Express Mobile Services gives undertaking in relation to alleged misleading representations
- Taxsmart to repay franchise fees for misleading conduct