ACCC Franchise Publications

Written on the 15 August 2011 by Australian Competition & Consumer Commission

Franchising Code

The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the Competition and Consumer Act 2010 (the Act).

Purpose

The code aims to regulate the conduct of participants in franchising towards each other and to ensure that they are sufficiently informed about a franchise before entering into it. The code also provides a cost-effective dispute resolution scheme for franchisees and franchisors.

Role of the ACCC

The role of the ACCC is to promote compliance with the code by helping people understand their rights and obligations under the code and the Competition and Consumer Act. The ACCC does this by developing educational material such as guidelines, articles and fact sheets as well as by giving presentations through our outreach programs in each state and territory.

The ACCC are also responsible for investigating complaints and, where necessary, taking enforcement action against anyone who fails to comply with the code.

Source: http://www.accc.gov.au/content/index.phtml/itemId/6118

The Franchisee Manual

Date published: 1st March 2011

The Franchising Code of Conduct has the force of law and requires franchisors to disclose specific information about a franchise to both potential and existing franchisees. It regulates the dealings between both parties in a franchise relationship and provides for dispute resolution mechanisms.

This manual will look at what franchising is, steps to take before choosing a franchise, answers to frequently asked questions and much more.

A copy of The Franchisee Manual can be downloaded for free below. 

1st March 2011

Franchisee manual.pdf (403.0 KB)

To receive updates about the Franchising Code of Conduct, please fill in the ACCC franchising information network subscription form.

Source: http://www.accc.gov.au/content/index.phtml/itemId/795322

Franchising Code of Conduct compliance manual for franchisors and master franchisees

Date published: 28th February 2011

This manual provides franchisors and master franchisees with guidance on how to comply with the Franchising Code, including minimum business conduct and disclosure requirements under the Franchising Code. It also provides a framework for how an effective compliance strategy can be implemented to achieve compliance with the code.

• Franchising code of conduct compliance manual.pdf (568.9 KB)
• 2.3 Checklist—disclosure.pdf (92.3 KB)
• 3.6 Checklist—conditions of franchise agreement.pdf (84.4 KB)
• 4.4 Checklist—resolving disputes.pdf (82.2 KB)
• 7.3 Checklist—compliance program.pdf (58.4 KB)
• Annexure 1 long form disclosure document template.doc (545.8 KB)
• Annexure 2 short form disclosure document template.doc (345.5 KB)

Source:http://www.accc.gov.au/content/index.phtml/itemId/816482

DVD—Your essential guide to the Franchising Code of Conduct

Date published: 30th June 2010

This DVD presentation can help you to better understand franchising.

Following an introduction by ACCC Deputy Chairman Dr Michael Schaper, the DVD, presented in three parts, provides specific information for:

• prospective franchisees
• existing franchisees
• franchisors.
• Prospective franchisees are encouraged to view this DVD to increase their understanding of franchising and make better informed decisions before they enter into a franchise agreement. Franchisors and existing franchisees are also encouraged to view this DVD to gain a better understanding of their rights and responsibilities under the Franchising Code of Conduct.

You can view the sections of the DVD most relevant to you through the links below.

You will need Windows Media Player to view these videos. Windows Media Player is available for a range of computing platforms including all Windows platforms.

Microsoft has deprecated the use of Windows Media Player for Mac OS X. Microsoft suggests using Flip4Mac and have provided a free copy.


Full script for DVD
ACCC Franchising code regulations DVD full script.rtf (131.0 KB)
Introduction
ACCC Franchising code regulations DVD - Introduction 9.6Mb streaming link.wvx (80 B)
ACCC Franchising code regulations DVD - Introduction script.rtf (72.4 KB)
Prospective franchisees
ACCC Franchising code regulations DVD - Prospective franchisees 16.8Mb streaming link.wvx (97 B)
ACCC Franchising code regulations DVD - Prospective franchisees script.rtf (80.6 KB)
Franchisees
ACCC Franchising code regulations DVD - Franchisees 11.8Mb streaming link.wvx (86 B)
ACCC Franchising code regulations DVD - Franchisees script.rtf (56.6 KB)
Franchisors
ACCC Franchising code regulations DVD - Franchisors 16.7Mb streaming link.wvx (86 B)
ACCC Franchising code regulations DVD - Franchisors script.rtf (53.1 KB)

Source: http://www.accc.gov.au/content/index.phtml/itemId/935241