The Business School
BULAW2611 Organisations Law
Semester 1 2013
Assignment - Essay
The information below is provided in conjunction with that provided in the
BULAW2611 Course Description. It is recommended that you familiarise
yourself with the details in both documents.
Word limit or equivalent: 2,500 words
Referencing: You are required to follow the APA style of referencing for this
Resources: It is recommended that you independently seek out resources, in
particular academic, peer-reviewed journal articles. You will be rewarded for
using journal articles in your essay. At this stage of your university studies, it
is expected that an essay of this length will use at least 10-15 journal articles
to support the arguments / points made. Other resources, such as textbooks
and electronic documents obtained from authoritative (eg, government)
websites, can also be used, but only to a limited extent.
You are required to read the media release about franchising below and
determine what are the key points of this document.
Using these key points, you are to write an essay that demonstrates your
depth of understanding of the relevant legal instruments and their practical
applications to business owners.
Legal instruments that require examination in your essay include the
Franchising Code of Conduct and the Competition and Consumer Act 2010
Key provisions of these and others, as appropriate, should be discussed in
conjunction with the practicalities of operating a franchise in Australia.
It would be useful when considering the operation of the law to analyse actual
examples of franchises in Australia.
EXPERT TO REVIEW THE FRANCHISING CODE OF CONDUCT
Source: States News Service. (Jan. 4, 2013):
CANBERRA, Australia -- The following information was released by the office
of the Minister for Innovation, Industry, Science and Research of Australia:
Minister for Small Business, Brendan O'Connor, today announced a review
into the Franchising Code of Conduct, calling for submissions from the
Mr O'Connor said the primary purpose of the review was to verify, after a
reasonable implementation period, that the amendments to the Franchising
Code of Conduct made in 2008 and 2010 were working as intended.
"The franchising sector is an important part of Australia's economy," Mr
"It comprises around XXXXXXXXXXfranchises, with an annual turnover of more than
$130 billion and employs more than 400,000 people."
Mr O'Connor said the review would consider issues including:
? questions of good faith in franchising,
? the rights of franchisees at the end of their franchise agreements
including recognition for any contribution they have made to building
the franchise, and
? the operation of the Competition and Consumer Act 2010 (Cth) with
respect to enforcing the code.
"We undertook to review the amendments to the Franchising Code in 2013,
when the last changes were announced in 2010," Mr O'Connor said.
"Participation and evidence from the franchising sector would be welcomed
and a discussion paper has been drafted to assist people wanting to make
submissions to the review."
Mr Alan Wein, an experienced franchise operator and small business adviser,
has been appointed to conduct the review.
Mr O'Connor congratulated Mr Wein on the appointment.
"Mr Wein brings a wide variety of talent, skills and experience through an
impressive history of personal achievement," Mr O'Connor said.
"He has a thorough understanding of the small business sector from his
involvement with the Victorian Small Business Advisory Council and has
extensive experience in mediation and commercial law, making him ideal to
conduct this review."
Further information about the review, including details of the 2008 and 2010
amendments to the Code, the discussion paper and the terms of reference is
available from www.innovation.gov.au/SmallBusiness/CodesOfConduct