Recent Scandals Further Scarring the Beleaguered Franchise Sector

In addition to the much-publicised inquiry by the Parliamentary Joint Committee on Corporations and Financial Services and the resultant Fairness in Franchising Report handed down in March 2019, the franchising sector has continued to attract considerable media attention in recent months.

Several scandals involving different franchise brands have made headlines lately. Following is a summary of some of the more infamous franchise news stories including Michel’s Patisserie, Chatime and JUMP! Swim Schools.

MST Lawyers Federal Election Seminar

This morning, the MST Lawyers Employment Law team ran a seminar to discuss the workplace relations policies released by both the ALP and LNP ahead of the Federal Election.  We had a great turn out even though we had an early start time and the weather was not particularly pleasant.  Herb Fischbacher (Principal), James Sanders (Associate) and Renee Karakinos (Lawyer) presented on this issue.  We hope that all of those who joined us were able to take with them valuable learnings that can be employed within their businesses.

Employment Law Update – Autumn 2019

Welcome to the MST Lawyers Employment Law Update. This quarterly electronic bulletin will provide our readers with information on significant developments in the areas of employment law, workplace relations and industrial relations.

FWO Strikes First Blow In Spotless “Ordinary And Customary Turnover Of Business” Challenge

The long-standing question regarding when the ordinary and customary turnover of labour exception applies for employers to avoid paying redundancy entitlements remains unclear. An industrial battle remains over the words “ordinary and customary turnover of labour”.

In the recent decisions of United Voice v Berkeley Challenge Pty Ltd and FWO v Spotless Services Australia, the Federal Court has applied two different legal tests, creating uncertainty in the law.