QLD Franchisor Telling Franchisee FWO is wrong, asking Franchisee not to follow FWO advice.

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jimcarry

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21 August 2021
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Interesting question here. What happen if a Franchisor told a Franchisee that the FWO advice is wrong, even it is a tailor written advice, and they enforcing the Franchisee to follow Franchisor advice about the award and how the Franchisee should pay their employees?

Put it the other way, what happen if the Franchisor told the Franchisee to ignore FWO advice, and forcing the Franchisee follow them, regarding award.

Is that lawful or unlawful?
 

Rod

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27 May 2014
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Put the onus on the Franchisor - ask them to sign an indemnity for you. That way they cover your costs if the FWO is correct.

If they refuse to sign, then they don't trust their own advice, and if you are the employer, you are most likely solely liable if the award is breached.
 

Tim W

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28 April 2014
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What is the particular advice?
I ask because if, say, "doing X" is a term of the FA,
but it requires an act by the franchisee that is (or has become...) unlawful,
it'll likely be invalid.
 

Tim W

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Bit hard to answer in details, without knowing any details.
(no don't share them here)

What is the basis of the different opinions?
 

jimcarry

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21 August 2021
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Franchisor interpreted Award A, Clause 4 the definition, and they express their view that the Clause 4 in the award should covered the Franchisee.

The Franchisee contacted FWO what Award they should be at, also with the FWO predetermination on their website. FWO provided a tailor written advise to the Franchisee, also clarified the view from the Franchisor about Award A. FWO re-confirmed their view and decision unchanged and still seeing the Franchisee should be with Award B.

Now, with both FWO letter provided to the Franchisor, the Franchisor came back saying, the predetermination from FWO website is Misleading, and the advises from FWO is Wrong.
 

Rod

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What is the effect of the different awards to you?

While the FWO doesn't supply legal advice, they have inspection powers and are good but not infallible, in the recommendations they give.

Remind your franchisor what happened to 7Eleven franchisees.

And remember it is the employer who carries the responsibility.

Hope you have insurance covering employee disputes.

Did you send the letter to the franchisor asking if they will indemnify you if you use award A?
 

Tim W

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Without giving too much away..., which awards are we actually talking about?