Collective bargaining to be permitted by Class Exemption for small businesses, franchisees and fuel retailers

It has taken some time, but the ACCC has announced for the first time in October 2020, that they will make a class exemption for small businesses, franchisees and fuel retailers.  This will allow them to negotiate as a group with their suppliers/processors, franchisor or fuel wholesaler respectively without having to lodge a notification or seek authorisation from the ACCC.

Case note: Meetfresh Franchising v Ivanman Pty Ltd

16 Oct 2020

By Sian Harding, Law Clerk and Alicia Hill, Principal, MST Lawyers The recent decision of Meetfresh Franchising Pty Ltd v Ivanman Pty Ltd [2020] NSWCA 234 was made in the context of a franchising contract dispute in which the Franchisor terminated the franchise agreement as a result of losing access to the right to use…

Back In Motion undertakes not to enforce unfair restraints and exit fees | Does this mean it’s back to the drawing board for franchisors in Australia?

15 Oct 2020

By Louise Wolf, Senior Associate, MST Lawyers It is not uncommon to find clauses in franchise agreements which restrict certain business activities of franchisees after the term of a franchise agreement has come to an end.  These are often called post-term restraints.  Such clauses may seek to impose restrictions on a former franchisee conducting a…

Proposed Changes to Franchising Code of Conduct

17 Sep 2020

By Louise Wolf, Senior Associate, MST Lawyers In August 2020, the Australian Government released its response to the Parliamentary Joint Committee Inquiry into the operation and effectiveness of the Franchising Code of Conduct report, Fairness in Franchising.   The Government agrees that improvement in fairness and transparency for franchisees is required and says it has listened…