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.

ELEMENT

PERFORMANCE CRITERIA

1. Determine franchisee obligations and legislative requirements

1.1. Identify obligations under franchising agreement

1.2. Identify relevant legislative requirements

1.3. Access codes of practice and material that interprets and explains obligations and legislative requirements

1.4. Clarify obligations and legislative requirements with franchisor and relevant government and licensing agencies

2. Develop strategies for compliance with franchisee obligations and legislative requirements

2.1. Analyse available information on obligations and legislative requirements to develop strategies for compliance

2.2. Check strategies with franchisor to determine suitability to operate franchise within obligations and legislative requirements

2.3. Use strategies to develop regular, cyclical compliance checks

2.4. Complete training to facilitate compliance requirements

3. Undertake scheduled compliance checks

3.1. Communicate compliance requirements to staff

3.2. Delegate compliance checks to relevant staff and provide training and support for staff to carry out these checks

3.3. Record timing and outcomes of compliance checks according to organisational requirements

3.4. Identify instances of non-compliance from compliance checks

4. Act on identified instances of non compliance with franchisee obligations and legislative requirements

4.1. Determine courses of action to address instances of non-compliance

4.2. Seek assistance of franchisor or other relevant parties to address non-compliance

4.3. Take action to address non-compliance

4.4. Make checks to ensure non-compliance has been addressed

4.5. Monitor compliance in a specific area to ensure continuing compliance

4.6. Analyse reasons for non-compliance to guide future compliance

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 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.

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

Unit sector

Management and Leadership - Franchising

This unit contains employability skills.