TABL5571 Franchising - 2019

TABL5571
Postgraduate
Term 3
6 Units of Credit
On Campus
Taxation & Business Law
This course outline is provided in advance of offering to guide student course selection. Please note that while accurate at time of publication, changes may be required prior to the start of the teaching session. You should always access the current online version of the outline when the Term commences.

1. Course Details

Summary of Course

This course explores the operation, documentation and regulation of business format franchising in Australia. Franchising is a business strategy which is of increasing significance both domestically and internationally.

All consumer goods and services and most B2B services can be distributed through franchise systems. Quasi-professional and government services are increasingly franchised. Some franchise operations are also owned by public companies. Australia now has nearly 1,120 business format franchisors that, together with their franchisees, turn over $146 billion/ann.

The course examines:

  • business format franchising as a business model
  • the franchise agreement and the franchisor/ franchisee relationship
  • the federal regulation of franchising under the Competition and Consumer (Industry Codes—Franchising) Regulation 2014, Schedule 1—Franchising Code of Conduct (the Code) prescribed under the Competition and Consumer Act (Cth) 2010
  • topical legal issues in the context of franchising (contract terms, whether someone is a franchisee or employee, good faith, dispute resolution, insolvency).

Teaching Times and Locations

Please note that teaching times and locations are subject to change. Students are strongly advised to refer to the Class Timetable website for the most up-to-date teaching times and locations.

View course timetable

Course Policies & Support

Course Aims and Relationship to Other Courses

This course is offered as an elective in the Business Law stream in the MCom degree.

In addition to providing students with specific knowledge on Australian franchising law and practice, the course also seeks to develop learning outcomes introduced in prior studies including:

  • confidence and competence in constructing and presenting written and oral arguments relevant to common commercial problems
  • the ability to analyse legal issues from a commercial perspective in a logical and structured way (ie to identify problems, research relevant sources, conduct due diligence and identify possible challenges to the reliability of franchise system due diligence)
  • the need to think critically beyond what is presented by a range of stakeholders.

Franchising is not a core course in the programs offered by the Business School.

Business format franchising – originally an expansion/business entry vehicle for small business – is increasingly used by big business as a distribution system. Because franchising operates in all industry sectors the course is relevant to students of many disciplines. 

There is no prerequisite for this course.

2. Staff Contact Details

Position Title Name Email Location Phone Consultation Times
Lecturer-in-chargeProfJenny BuchanRoom 2054, Level 2 South Wing, Quadrangle Building (E15)+61 2 9385 1458 or 0432 87 99 88By appointment

Communication with staff

When you contact staff by email please:
  • Use your university email address
  • Specify the course TABL5571 as your lecturer is teaching more than one course.
  • Sign off by using your name and zid

3. Learning and Teaching Activities

Approach to Learning and Teaching in the Course

Active participation through initiating and contributing to discussion is expected throughout the course. You will be provided with access to many sources and will be expected to source others yourself from the internet, and through the UNSW library databases.

The course will be taught in a flipped classroom.

Learning Activities and Teaching Strategies

Guest lecturer(s) will present on their areas of specialisation.

Case study: Some weeks will be based on a filmed case study that will highlight concepts in the course. It was part of the 2016 UNSW MOOC International Franchise Law: The World is Yours. Videos from the MOOC will also be used to highlight issues as we progress through the course.

Students will be set two (2) projects to develop their research and critical analysis skills, and understanding of the law within the context of specific franchise brands and jurisdictions.

They will report on aspects of the Group Project to the class on two (2) occasions to develop/ improve presentation skills.

Projects:

  • Group project
  • Individual legal research essay

5. Course Resources

There is no specific textbook for this course.

Recommended References:
  • Abell, Mark, The Law and Regulation of Franchising in the EU (Edward Elgar, 2013) – in Jenny Buchan’s office
  • Abell, Mark (ed) The Franchise Law Review (2nd edition, 2015) – in Jenny Buchan’s office
  • Australian Bureau of Statistics http://www.abs.gov.au/
  • Austlii www.austlii.edu.au/ (legislation database with links to other jurisdictions)
  • Buchan, Jenny, Franchisees as Consumers: Benchmarks, Perspectives and Consequences (Springer, 2013) (e-book in UNSW library)
  • Campbell, Dennis (General ed.) International Franchising (Juris, 2nd ed, 2012, with updates) – in Jenny Buchan’s office
  • Grimaldi, C., Méresse, S. and Zakharova-Renard, O., Droit de la franchise (LexisNexis, 2011) – in Jenny Buchan’s office
  • Hero, Marco (ed) International Franchising: A Practitioner’s Guide (International Bar Association 2010) (in UNSW library)
  • IP Australia https://www.ipaustralia.gov.au/
  • Journal of Marketing Channels, Volume 21, Issue 3, 2014 (Special issue on international franchising) includes articles on law, ownership structures, Saudi Arabia, Vietnam. (in UNSW electronic library)
  • Meiklejohn, A.M. (ed), Franchising: Cases, Materials & Problems, American Bar Association, 2013.
  • Spencer, Elizabeth Crawford The Regulation of Franchising in the New Global Economy (Edward Elgar, 2010) (ebook in UNSW library)
  • Stanworth, John and Hoy, Frank Franchising: an international perspective (Routledge, 2003) (in UNSW library)
  • Woods, W K (editor) Fundamentals of International Franchising, 2nd ed ABA Forum on Franchising (2013) – in Jenny Buchan’s office

There are also several journals available via the UNSW library that cover aspects of international franchising.

Additional reading lists and links to relevant court cases are on the course website.

NOTE: Franchise law is evolving quickly and material in older publications will need to be checked for currency. You will also find other material such as that published by IBISWorld, World Bank and law firms offering international franchising expertise very helpful.

Electronic Databases:

The UNSW library subscribes to several electronic databases.

The website for this course is on Moodle.

6. Course Evaluation & Development

Feedback is regularly sought from students and continual improvements are made based on this feedback. At the end of this course, you will be asked to complete the myExperience survey, which provides a key source of student evaluative feedback. Your input into this quality enhancement process is extremely valuable in assisting us to meet the needs of our students and provide an effective and enriching learning experience. The results of all surveys are carefully considered and do lead to action towards enhancing educational quality.

 

The School of Taxation & Business Law’s quality enhancement process involves regular review of its courses and study materials by content and educational specialists, combined with feedback from students. Towards the end of the semester, you will be asked to complete an online myExperience survey via Moodle to evaluate the effectiveness of your lecturer and the course content. Your input into this quality enhancement process through the completion of these surveys is extremely valuable in assisting us in meeting the needs of our students and in providing an effective and enriching learning experience. The results of all surveys are carefully considered and do lead to action to enhance the course quality, content and delivery.

Feedback from previous students indicated they enjoyed the videos we prepared for the MOOC, and the guest lecturers. Because of this feedback, we will continue with both.

7. Course Schedule

Week Activity Topic Assessment/Other
Week 1: 16 September
  1. What is business format franchising?
  2. The importance and dimensions of culture
  3. Different international expansion models and their features
  4. Due diligence on the brand, countries and the people involved in the relationship

Video 1.12

Video 1.9

Video 1.14 Building and protecting the brand Video 3.8 Expansion strategies

Video 2.2

Video 2.6

Start group project: Select franchise and 2 countries to explore for expansion from Australia

Week 2: 23 September

CONTRACTS:

  1. Principles of contract law
  2. Franchise Agreements
  3. Master Franchise Agreements, Operations Manuals
  4. Territories: significance, defining, carve‐ours, addressing over‐promising and under-delivering by master franchisees
  5. Intellectual Property Issues
  6. Personal and real property

Video 2.4

Video 3.6 ‐ Franchise structures

Video 4.4 Intellectual property

Video 4.6 Protection of intellectual property

Video 4.8 Personal and real property

Activities with terms of contracts, territories

Week 3: 30 September
Week 4: 7 October
Week 5: 14 October
  1. Countries with specific franchise laws.
  2. Features of those laws
  3. Registration of agreements, franchisors, agents
  4. Pre‐contract disclosure
  5. Rolling disclosure
  6. Cooling off and waiting periods across different jurisdictions
  7. Exceptions – high net worth, multi‐site

In class exercise working on group project

Week 6: 21 October
  1. Competition law
  2. Consumer protection
  3. Tax
  4. Privacy/data security laws
  5. Are franchisees employees, or specifically not employees?
  6. Effect of breach of law by franchisor/ by franchisee Other laws affecting international franchising

Videos from MOOC

Decided cases

In class exercise working on group project

Week 7: 28 October
Week 8: 4 November

Disputes

  1. What they are about?
  2. How can they be prevented?
  3. How they can be resolved?
  4. Changing the mix
  5. Exit strategies for franchisor/ franchisee
  6. Future of franchising

Video 5.4 What causes franchise disputes?

Video 5.6 How are disputes resolved?

Video 5.8 Factors in dispute resolution

Video 6.4 ‐ Exit strategies

In class exercise working on group project

Week 9: 11 November

Present case studies in group Hand in short topic essay

Week 10: 18 November

8. Policies and Support

Information about UNSW Business School protocols, University policies, student responsibilities and education quality and support.

Program Learning Outcomes

The Business School places knowledge and capabilities at the core of its curriculum via seven Program Learning Outcomes (PLOs). These PLOs are systematically embedded and developed across the duration of all coursework programs in the Business School.

PLOs embody the knowledge, skills and capabilities that are taught, practised and assessed within each Business School program. They articulate what you should know and be able to do upon successful completion of your degree.

Upon graduation, you should have a high level of specialised business knowledge and capacity for responsible business thinking, underpinned by ethical professional practice. You should be able to harness, manage and communicate business information effectively and work collaboratively with others. You should be an experienced problem-solver and critical thinker, with a global perspective, cultural competence and the potential for innovative leadership.

All UNSW programs and courses are designed to assess the attainment of program and/or course level learning outcomes, as required by the UNSW Assessment Design Procedure. It is important that you become familiar with the Business School PLOs, as they constitute the framework which informs and shapes the components and assessments of the courses within your program of study.

PLO 1: Business knowledge

Students will make informed and effective selection and application of knowledge in a discipline or profession, in the contexts of local and global business.

PLO 2: Problem solving

Students will define and address business problems, and propose effective evidence-based solutions, through the application of rigorous analysis and critical thinking.

PLO 3: Business communication

Students will harness, manage and communicate business information effectively using multiple forms of communication across different channels.

PLO 4: Teamwork

Students will interact and collaborate effectively with others to achieve a common business purpose or fulfil a common business project, and reflect critically on the process and the outcomes.

PLO 5: Responsible business practice

Students will develop and be committed to responsible business thinking and approaches, which are underpinned by ethical professional practice and sustainability considerations.

PLO 6: Global and cultural competence

Students will be aware of business systems in the wider world and actively committed to recognise and respect the cultural norms, beliefs and values of others, and will apply this knowledge to interact, communicate and work effectively in diverse environments.

PLO 7: Leadership development

Students will develop the capacity to take initiative, encourage forward thinking and bring about innovation, while effectively influencing others to achieve desired results.

These PLOs relate to undergraduate and postgraduate coursework programs.  Separate PLOs for honours and postgraduate research programs are included under 'Related Documents'.

Business School course outlines provide detailed information for students on how the course learning outcomes, learning activities, and assessment/s contribute to the development of Program Learning Outcomes.

RELATED DOCUMENTS

 

UNSW Graduate Capabilities

The Business School PLOs also incorporate UNSW graduate capabilities, a set of generic abilities and skills that all students are expected to achieve by graduation. These capabilities articulate the University’s institutional values, as well as future employer expectations.

UNSW Graduate CapabilitiesBusiness School PLOs
Scholars capable of independent and collaborative enquiry, rigorous in their analysis, critique and reflection, and able to innovate by applying their knowledge and skills to the solution of novel as well as routine problems.
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 7: Leadership development

Entrepreneurial leaders capable of initiating and embracing innovation and change, as well as engaging and enabling others to contribute to change
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 6: Global and cultural competence
  • PLO 7: Leadership development

Professionals capable of ethical, self-directed practice and independent lifelong learning
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 5: Responsible business practice

Global citizens who are culturally adept and capable of respecting diversity and acting in a socially just and responsible way.
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 5: Responsible business practice
  • PLO 6: Global and cultural competence

While our programs are designed to provide coverage of all PLOs and graduate capabilities, they also provide you with a great deal of choice and flexibility.  The Business School strongly advises you to choose a range of courses that assist your development against the seven PLOs and four graduate capabilities, and to keep a record of your achievements as part of your portfolio. You can use a portfolio as evidence in employment applications as well as a reference for work or further study. For support with selecting your courses contact the UNSW Business School Student Centre.




Academic Integrity and Plagiarism

Academic Integrity is honest and responsible scholarship. This form of ethical scholarship is highly valued at UNSW. Terms like Academic Integrity, misconduct, referencing, conventions, plagiarism, academic practices, citations and evidence based learning are all considered basic concepts that successful university students understand. Learning how to communicate original ideas, refer sources, work independently, and report results accurately and honestly are skills that you will be able to carry beyond your studies.

The definition of academic misconduct is broad. It covers practices such as cheating, copying and using another person’s work without appropriate acknowledgement. Incidents of academic misconduct may have serious consequences for students.

Plagiarism

UNSW regards plagiarism as a form of academic misconduct. UNSW has very strict rules regarding plagiarism. Plagiarism at UNSW is using the words or ideas of others and passing them off as your own. All Schools in the Business School have a Student Ethics Officer who will investigate incidents of plagiarism and may result in a student’s name being placed on the Plagiarism and Student Misconduct Registers.

Below are examples of plagiarism including self-plagiarism:

Copying: Using the same or very similar words to the original text or idea without acknowledging the source or using quotation marks. This includes copying materials, ideas or concepts from a book, article, report or other written document, presentation, composition, artwork, design, drawing, circuitry, computer program or software, website, internet, other electronic resource, or another person's assignment, without appropriate acknowledgement of authorship.

Inappropriate Paraphrasing: Changing a few words and phrases while mostly retaining the original structure and/or progression of ideas of the original, and information without acknowledgement. This also applies in presentations where someone paraphrases another’s ideas or words without credit and to piecing together quotes and paraphrases into a new whole, without appropriate referencing.

Collusion: Presenting work as independent work when it has been produced in whole or part in collusion with other people. Collusion includes:

  • Students providing their work to another student before the due date, or for the purpose of them plagiarising at any time
  • Paying another person to perform an academic task and passing it off as your own
  • Stealing or acquiring another person’s academic work and copying it
  • Offering to complete another person’s work or seeking payment for completing academic work

Collusion should not be confused with academic collaboration (i.e., shared contribution towards a group task).

Inappropriate Citation: Citing sources which have not been read, without acknowledging the 'secondary' source from which knowledge of them has been obtained.

Self-Plagiarism: ‘Self-plagiarism’ occurs where an author republishes their own previously written work and presents it as new findings without referencing the earlier work, either in its entirety or partially. Self-plagiarism is also referred to as 'recycling', 'duplication', or 'multiple submissions of research findings' without disclosure. In the student context, self-plagiarism includes re-using parts of, or all of, a body of work that has already been submitted for assessment without proper citation.

To see if you understand plagiarism, do this short quiz: https://student.unsw.edu.au/plagiarism-quiz

Cheating

The University also regards cheating as a form of academic misconduct. Cheating is knowingly submitting the work of others as their own and includes contract cheating (work produced by an external agent or third party that is submitted under the pretences of being a student’s original piece of work). Cheating is not acceptable at UNSW.

If you need to revise or clarify any terms associated with academic integrity you should explore the 'Working with Academic Integrity' self-paced lessons available at: https://student.unsw.edu.au/aim.

For UNSW policies, penalties, and information to help you avoid plagiarism see: https://student.unsw.edu.au/plagiarism as well as the guidelines in the online ELISE tutorials for all new UNSW students: http://subjectguides.library.unsw.edu.au/elise. For information on student conduct see: https://student.unsw.edu.au/conduct.

For information on how to acknowledge your sources and reference correctly, see: https://student.unsw.edu.au/referencing. If you are unsure what referencing style to use in this course, you should ask the lecturer in charge.


Student Responsibilities and Conduct

Students are expected to be familiar with and adhere to university policies in relation to class attendance and general conduct and behaviour, including maintaining a safe, respectful environment; and to understand their obligations in relation to workload, assessment and keeping informed.

Information and policies on these topics can be found on the 'Managing your Program' website.

Workload

It is expected that you will spend at least ten to twelve hours per week studying for a course except for Summer Term courses which have a minimum weekly workload of twenty to twenty four hours. This time should be made up of reading, research, working on exercises and problems, online activities and attending classes. In periods where you need to complete assignments or prepare for examinations, the workload may be greater. Over-commitment has been a cause of failure for many students. You should take the required workload into account when planning how to balance study with employment and other activities.

We strongly encourage you to connect with your Moodle course websites in the first week of semester. Local and international research indicates that students who engage early and often with their course website are more likely to pass their course.

View more information on expected workload

Attendance

Your regular and punctual attendance at lectures and seminars or in online learning activities is expected in this course. The Business School reserves the right to refuse final assessment to those students who attend less than 80% of scheduled classes where attendance and participation is required as part of the learning process (e.g., tutorials, flipped classroom sessions, seminars, labs, etc.).

View more information on attendance

General Conduct and Behaviour

You are expected to conduct yourself with consideration and respect for the needs of your fellow students and teaching staff. Conduct which unduly disrupts or interferes with a class, such as ringing or talking on mobile phones, is not acceptable and students may be asked to leave the class.

View more information on student conduct

Health and Safety

UNSW Policy requires each person to work safely and responsibly, in order to avoid personal injury and to protect the safety of others.

View more information on Health and Safety

Keeping Informed

You should take note of all announcements made in lectures, tutorials or on the course web site. From time to time, the University will send important announcements to your university e-mail address without providing you with a paper copy. You will be deemed to have received this information. It is also your responsibility to keep the University informed of all changes to your contact details.



Student Support and Resources

The University and the Business School provide a wide range of support services and resources for students, including:

Business School Education Quality and support Unit (EQS)
The EQS offers academic writing, study skills and maths support specifically for Business students. Services include workshops, online resources, and individual consultations.
Level 1, Room 1033, Quadrangle Building.
bschoolconsults@unsw.edu.au
02 9385 7577 or 02 9385 4508

Business School Student Centre
The Business School Student Centre provides advice and direction on all aspects of admission, enrolment and graduation.
Level 1, Room 1028 in the Quadrangle Building
02 9385 3189

UNSW Learning Centre
The UNSW Learning Centre provides academic skills support services, including workshops and resources, for all UNSW students. See their website for details.
Lower Ground Floor, North Wing Chancellery Building.
learningcentre@unsw.edu.au
02 9385 2060

Educational Support Service
Educational Support Advisors work with all students to promote the development of skills needed to succeed at university, whilst also providing personal support throughout the process. Check their website to request an appointment or to register in the Academic Success Program.
John Goodsell Building, Ground Floor.
advisors@unsw.edu.au
02 9385 4734

Library services and facilities for students
The UNSW Library offers a range of collections, services and facilities both on-campus and online.
Main Library, F21.
02 9385 2650

Moodle eLearning Support
Moodle is the University’s learning management system. You should ensure that you log into Moodle regularly.
externalteltsupport@unsw.edu.au
02 9385 3331

UNSW IT
UNSW IT provides support and services for students such as password access, email services, wireless services and technical support.
UNSW Library Annexe (Ground floor).
itservicecentre@unsw.edu.au
02 9385 1333

Disability Support Services
UNSW Disability Support Services provides assistance to students who are trying to manage the demands of university as well as a health condition, learning disability or who have personal circumstances that are having an impact on their studies. Disability Advisers can arrange to put in place services and educational adjustments to make things more manageable so that students are able to complete their course requirements. To receive educational adjustments for disability support, students must first register with Disability Services.
Ground Floor, John Goodsell Building.
disabilities@unsw.edu.au
02 9385 4734

UNSW Counselling and Psychological Services
Provides support and services if you need help with your personal life, getting your academic life back on track or just want to know how to stay safe, including free, confidential counselling.
Level 2, East Wing, Quadrangle Building.
counselling@unsw.edu.au
02 9385 5418


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