• BSBFRA401B - Manage compliance with franchisee obligations and legislative requirements

Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBFRA401B Mapping and Delivery Guide
Manage compliance with franchisee obligations and legislative requirements

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency BSBFRA401B - Manage compliance with franchisee obligations and legislative requirements
Description This unit describes the performance outcomes, skills and knowledge required to comply with obligations set out in the franchising agreement and with relevant legislative requirements specific to the type of franchise.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to franchisees who require a broad knowledge of franchisee obligations and legislative requirements and who use this knowledge to develop compliance strategies.Franchisors will have their needs met in this area by BSBFRA501B Establish a franchise operation.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Management and Leadership - Franchising
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities
Slides
PPT
Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Determine franchisee obligations and legislative requirements
  • Identify obligations under franchising agreement
  • Identify relevant legislative requirements
  • Access codes of practice and material that interprets and explains obligations and legislative requirements
  • Clarify obligations and legislative requirements with franchisor and relevant government and licensing agencies
       
Element: Develop strategies for compliance with franchisee obligations and legislative requirements
  • Analyse available information on obligations and legislative requirements to develop strategies for compliance
  • Check strategies with franchisor to determine suitability to operate franchise within obligations and legislative requirements
  • Use strategies to develop regular, cyclical compliance checks
  • Complete training to facilitate compliance requirements
       
Element: Undertake scheduled compliance checks
  • Communicate compliance requirements to staff
  • Delegate compliance checks to relevant staff and provide training and support for staff to carry out these checks
  • Record timing and outcomes of compliance checks according to organisational requirements
  • Identify instances of non-compliance from compliance checks
       
Element: Act on identified instances of non compliance with franchisee obligations and legislative requirements
  • Determine courses of action to address instances of non-compliance
  • Seek assistance of franchisor or other relevant parties to address non-compliance
  • Take action to address non-compliance
  • Make checks to ensure non-compliance has been addressed
  • Monitor compliance in a specific area to ensure continuing compliance
  • Analyse reasons for non-compliance to guide future compliance
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential:

schedule of checks being undertaken associated with a broad statement of strategies to ensure compliance

compliance check schedule and examples of checks made

documented actions to address instances of non-compliance

demonstrated support to staff to assist with compliance

knowledge of relevant legislation, codes of practice and national standards.

Context of and specific resources for assessment

Assessment must ensure:

access to an actual workplace or simulated environment

access to office equipment and resources

access to examples of real franchisee agreements and related documentation.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate

review of action taken to address non-compliance

oral or written questioning to assess knowledge of franchisee arrangements

evaluation of strategies developed for compliance

review of documentation recording timing and outcomes of compliance checks.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

culturally appropriate communication skills to relate to people from diverse backgrounds and people with diverse abilities

communication and negotiation skills to establish franchisee obligations

problem-solving skills to address non-compliance

research skills to access necessary information.

Required knowledge

occupational health and safety (OHS) requirements:

specific to nature and type of franchise

generic to all workplaces

other relevant legislation, codes of practice and national standards, for example:

legislation covering fire safety, employment of staff and anti-discrimination, dangerous goods, liquor licensing, food safety

Franchising Code of Conduct

franchise specific obligations:

as per franchise agreement

as per updates and amendments to agreement over time

auditing requirements

penalties for non-compliance and context for franchisee obligations and legislative requirements.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Obligations under franchising agreement may include:

area of operations or limits to region or territory

fees and pricing structures

fees paid to franchisor

financial controls

franchise corporate image requirements and branding

limits on trading of other products and services that are outside franchise operations

merchandising requirements

quality assurance requirements

reporting of income, sales or turnover

stock control and inventory requirements, and reporting of this information

Legislative requirements may include:

Australian Taxation Office requirements, including requirements to register as a business and obtain an (Australian Business Number) ABN

Dangerous Goods Act requirements

fire regulations

food safety requirements

Liquor Licensing Act requirements

local government planning and land use zoning regulations

OHS requirements

other legislative requirements specific to the nature and type of franchise

relevant permits, licences and completion of training programs such as in safe food handling

requirements under employment legislation

Government may include:

commonwealth

local government

state/territory

Strategies may be:

broad statements of requirements for compliance

used to develop specific work procedures and compliance checks

Compliance checks may be:

continuous, daily, weekly, monthly as required to ensure compliance

logged in specific logbook or checked against checklists and filed as required

undertaken by franchisee or staff delegated with specific tasks

Training may include:

a cyclical schedule (such as yearly refresher courses and product knowledge workshops)

legislative requirements such as first aid, OHS, food handling

specifications in the initial franchise agreement

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify obligations under franchising agreement 
Identify relevant legislative requirements 
Access codes of practice and material that interprets and explains obligations and legislative requirements 
Clarify obligations and legislative requirements with franchisor and relevant government and licensing agencies 
Analyse available information on obligations and legislative requirements to develop strategies for compliance 
Check strategies with franchisor to determine suitability to operate franchise within obligations and legislative requirements 
Use strategies to develop regular, cyclical compliance checks 
Complete training to facilitate compliance requirements 
Communicate compliance requirements to staff 
Delegate compliance checks to relevant staff and provide training and support for staff to carry out these checks 
Record timing and outcomes of compliance checks according to organisational requirements 
Identify instances of non-compliance from compliance checks 
Determine courses of action to address instances of non-compliance 
Seek assistance of franchisor or other relevant parties to address non-compliance 
Take action to address non-compliance 
Make checks to ensure non-compliance has been addressed 
Monitor compliance in a specific area to ensure continuing compliance 
Analyse reasons for non-compliance to guide future compliance 

Forms

Assessment Cover Sheet

BSBFRA401B - Manage compliance with franchisee obligations and legislative requirements
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBFRA401B - Manage compliance with franchisee obligations and legislative requirements

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: