80 Business Franchise Australia and New Zealand
expert Adviceevidence in relation to an accessory’s role in
or knowledge of the business and the facts
comprising a contravention.
The 7-Eleven inquiry flagged widespread
lack of cooperation, and the creation of
records that concealed rather than established
contravening conduct – limiting the FWC’s
capacity to investigate and establish accessorial
liability beyond the direct employer and
franchisee level.
The inquiry also highlighted that many
witnesses were unwilling to talk on the record
or give evidence on the conduct of others.
Unlike some regulators, the FWO doesn’t
actually have the capacity to require or compel
anyone to answer questions on the record in
relation to alleged contraventions of workplace
laws.
For this reason, we are supportive of the
FWO being given further and better powers
to obtain direct evidence in relation to an
accessory’s role in, or knowledge of, these
types of breaches, with the accompanying
immunity that generally flows to a witness.the long and short of it
We absolutely support the prosecution of those
who are doing the wrong thing, however, the
Bill, despite its best intentions, is unnecessarily
holding to account the entire franchising
industry for the acts of a small number of
rogue entitles, in circumstances where the
FW Act already has adequate protections in
place (with only some modifications needed
to extend the FWO’s powers to investigate
suspected contraventions).
Should the Bill become legislation (which is
highly likely) those franchisors and holding
companies captured by the Bill will need to
take reasonable and proactive steps to avoid
liability, in areas such as education/awareness,
non-compliance reporting and auditing. Such
measures will require a review and likely
amendment of existing franchise agreements
and policy – which of course all comes at
a cost and at a time when the franchising
industry can least afford to take on extra costs
and regulatory burden.
And when there are big retailers falling over in
this country right now amid an increasinglycompetitive landscape, soaring wages and
unsustainable leasing costs, more red tape and
costs imposts are not the answer.Troy Wild is the Deputy CEO of the
National Retail Association and Director
of NR A Legal. He has over 14 years’
experience in Employment, Industrial
Relations and Work Health & Safety
Law to the NR A Legal team, as well as
12 years as a NSW police detective. He
has represented a wide range of clients
throughout Australia and abroad,
including national retailers, multinational
corporations, energy and resources
industries, small business, and member
associations.
The National Retail Association (NR A) is
Australia’s largest and most representative“unlike some regulators, the Fwo doesn’t actually
have the capacity to require or compel anyone
to answer questions on the record in relation to
alleged contraventions of workplace laws.”retail industry organisation. For almost
100 years, the NR A has represented the
interests of the retail, fast food and broader
service sector, delivering critical legal
information, government representation,
professional training and signature events.
NR A offers an all-in-one solution for
retailers with decades of retail-specific
knowledge and experience.
To find out more about the NR A or NR A
Legal, contact:
1800 RETAIL
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