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A Franchisor's Responsibility For Franchisee's Compliance With Employment Laws

Created: Friday, 19 May 2017 15:13

Several well known franchise systems have recently made headlines in Australia in relation to Franchisees who have committed breaches of employment laws by underpaying staff and wage fraud. This has resulted in the Turnbull government introducing the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 ("Aussie Bill"). This Bill provides that Franchisors will be held liable for workplace violations by their Franchisees if they have significant influence or control over the Franchisee; if they knew or should have known of the underpayments; and if they failed to take reasonable steps to prevent the violations. For many commentators, while there is a recognition that some things need to change, this is seen as a step too far and some have even gone as far as to say that this would be the end of franchising in Australia as they know it.

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The Food Act 2014 - A New Regime For Food Businesses

Created: Tuesday, 09 May 2017 10:02

On 1 March 2016, the Food Act 2014 ("Act") came into force.  This put in place a new food safety and registration regime for businesses which are involved in food.  Gone is the one size fits all approach to food safety; the higher risk the business presents in relation to food the more obligations it will have and all businesses which have an involvement in food now have obligations under the new Act.

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Worthy Winner from District Under Siege

Created: Thursday, 13 April 2017 11:51

Cashy Ball from Whakatane District Council was last night announced as the 2017 winner of the Brookfields Emerging Leader of the Year Award at the SOLGM Gala Dinner held in Auckland. Brookfields is delighted to be the sponsor of this award, which provides the opportunity for the winner to travel to the 2017 International City/County Managers Association (ICMA) in the USA.  The quality of entrants was very impressive, and Cashy is a deserving winner.

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Resource Legislation Amendment Bill Passes Third Reading

Created: Monday, 10 April 2017 16:24

Almost 18 months after its introduction to the House, the Resource Legislation Amendment Bill has passed its third reading.  The wide-reaching Act amends the Resource Management Act 1991 (RMA), the Reserves Act 1977, the Public Works Act 1981, the Conservation Act 1987, the Environmental Protection Authority Act 2011 and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

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Earthquake Strengthening for Unit Title Properties

Created: Tuesday, 04 April 2017 12:39

MBIE has recently announced a review of the Unit Titles Act 2010 and published a discussion document highlighting specific areas to be considered in that review.  We will keep you updated as that review progresses but in the meantime, we highlight another issue of concern that is undermining the stability of unit title management processes.

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Tips for Franchisors Selling Franchises

Created: Thursday, 23 March 2017 11:26

Selling franchises is not easy.  First you have to find the right franchisee, and when you do you need to make sure that all the right legal boxes are ticked to help ensure that there are no issues in the future.  Here are some tips to help you:

Ensure that they know exactly when payments are required to be made.  If you are a member of the Franchise Association of New Zealand Inc. and you require the franchisee to make a payment prior to the Franchise Agreement being signed then you must make the franchisee aware of (in writing) the purpose of the payment, the terms and conditions governing refund or application of the money and who will be holding the payment.

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