This could be why Tatts has asked its retailer franchisees for employees to provide details
I write this post a year ago. It is relevant today because Tatts has just contacted franchisees seeking access to information many small business owners would not consider its right to have…
Newsagents have been wondering why Tatts is expressing interest in employee arrangements in newsagency businesses. I have had plenty of questions and I know others have too.
This situation has come about because of the federal government passing vulnerable employee legislation following the 7-Eleven debacle. The Fair Work Ombudsman website sets the scene:
On 15 September 2017 the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 took effect. It makes the following changes to the Fair Work Act 2009
(the Fair Work Act):
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increase penalties for ‘serious contraventions’ of workplace laws
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make it clear that employers can’t ask for ‘cashback’ from employees or prospective employees
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increase penalties for breaches of record-keeping and pay slip obligations
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employers who don’t meet record-keeping or pay slip obligations and can’t give a reasonable excuse will need to disprove wage claims made in a court (this is also referred to as a reverse onus of proof)
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strengthen our powers to collect evidence in investigations
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introduce new penalties for giving us false or misleading information, or hindering or obstructing our investigations.
Read what the Fair Work Ombudsman website has to say about franchisors that have a significant amount of influence or control over the business affairs of the franchisee:
These changes apply from 27 October 2017.
Franchisors and holding companies (a company that has control over subsidiary companies) can be held responsible if their franchisee or subsidiary doesn’t follow workplace laws about minimum entitlements, the National Employment Standards, awards, sham contracting, record-keeping and pay slips.
This will apply to franchisors that have a significant amount of influence or control over the business affairs of the franchisee.
Franchisors or holding companies could be liable for breaches or underpayments if:
- they knew (or could have reasonably known) that a franchisee or subsidiary wasn’t following workplace laws
- they didn’t take reasonable steps to prevent it.
We are working with franchisors, their advocate and advisers and will have more information in our Help for franchises section when the changes take effect.
Tatts is acting because of an understanding of that term – significant amount of influence or control over the business affairs of the franchisee.
It’s not only Tatts caught in this. Any business that can be claimed to have a significant amount of influence or control over a downstream business is in the cross hairs.
I think there will be plenty more news and engagement about this in the channel river the next few months.
The challenge is the definition: significant amount of influence or control. It is not as clear as it could be. Some politicians say the Fair Work Ombudsman has overreached. We will have to see how that plays out.
There is plenty of advice online outlining the obligations for franchisors and organisations like Tatts outlets.
For a government that said it would reduce red tape for small business, this legislation is considerably adding to it.