TABL5571 Franchising - 2020

Subject Code
TABL5571
Study Level
Postgraduate
Commencing Term
Term 3
Total Units of Credit (UOC)
6
Delivery Mode
Online
School
Taxation & Business Law

1. Course Details

Summary of Course

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

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 approximately 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/ master franchisee/ franchisee relationship
  • Australian 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 and its current proposed amendments
  • how franchising is regulated internationally
  • 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

The Business School expects that you are familiar with the contents of this course outline and the UNSW and Business School learning expectations, rules, policies and support services as listed below:

  • Program Learning Outcomes
  • Academic Integrity and Plagiarism
  • Student Responsibilities and Conduct
  • Special Consideration
  • Protocol for Viewing Final Exam Scripts
  • Student Learning Support Services

Further information is provided in the Assessment and Policies and Support sections.

Students may not circulate or post online any course materials such as handouts, exams, syllabi or similar resources from their courses without the written permission of their instructor.

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 and international 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.

Student Learning Outcomes

The Course Learning Outcomes (CLOs) are what you should be able to demonstrate by the end of this course, if you participate fully in learning activities and successfully complete the assessment items.

CLOs also contribute to your achievement of the Program Learning Outcomes (PLOs), which are developed across the duration of a program for all coursework students in the Business School. More information on PLOs is available under Policies and Support. PLOs are, in turn, directly linked to UNSW graduate capabilities and the aspiration to develop “globally focussed graduates who are rigorous scholars, capable of leadership and professional practice in an international community”.

The following table shows how the CLOs for this course relate to the overall PLOs and indicates where each CLO and PLO is assessed:

Course Learning Outcomes Program Learning Outcomes Course Assessment Item
On successful completion of the course, you should be able to: This course helps you to develop the following Program Learning Outcomes: This learning outcome will be assessed in the following items:

Demonstrate an understanding of what business format franchising is.

PLO 1: Business knowledge

Online contribution

Case study

Identify and locate the laws that apply to franchising and other jurisdictions

PLO 1: Business knowledge

Case study

Conduct due diligence on a country's law and culture to evaluate that country's potential as an Australian franchised brand's expansion target

PLO 2: Problem solving
PLO 6: Global and cultural competence
PLO 2: Research capability

Case study

Understand how domestic and international disputes can be resolved

PLO 2: Problem solving

Case study

Appropriately communicate using the terminology appropriate to franchising and the law

PLO 3: Business communication

Case study

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. Please email

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 resources and will be expected to source others yourself from the internet, and through the UNSW library databases.

The course will be taught fully online.

Learning Activities and Teaching Strategies

Case studies will be used.

  1. Some classes 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.
  2. A case study we have written based on the Retail Food Group will be used as a teaching resource.

Students will be required to make four (4) online posts as described in the Assessment section of this outline.

A case study milestone written submission (about potential international expansion of the franchise in Case study 1. above) must be submitted at the beginning of week 7.

Students will make one (1) in-class presentation. It will be during the allocated class time in week 10.

5. Course Resources

There is no specific textbook for this course.

There are many resources supplied in MOODLE

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
  • Erceg (ed) Franchising in Eastern Europe: Yesterday, Today. Tomorrow. 2018 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 term, 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 legal expert videos within the MOOC. Because of this feedback, we will continue with both.

They also found the Retail Food Group case study enlightening about the challenges various stakeholders face in a franchised business, so that is included in this course.

7. Course Schedule

Note: for more information on the UNSW academic calendar and key dates including study period, exam, supplementary exam and result release, please visit: https://student.unsw.edu.au/new-calendar-dates
Week Activity Topic Assessment/Other
Weeks 1-5 and 7-9: Week 1 Term 3Online

Weekly preparation (individual)

  • watch/ read online MOODLE content. This comprises short videos and readings.
  • Consider the discussion questions
  • be ready to discuss during the seminar that will be conducted via Collaborate Ultra or Zoom or Teams (to be advised)
  • Weekly discussion seminar will be conducted every Thursday 11.30 - 12.30 or 1 depending on the extent of discussion. This will be an opportunity to exchange views on the weekly content with each other and the lecturer.
–
Week 6: No class

Reading week

 

–
Week 10: NovemberOnline presentations

Class will run on Thursday from 10am - 1pm

Presentation of individual Case studies

- Countries you have individually explored as potential expansion jurisdiction for expansion of the imaginary Australian-originated Force 10 Boat Valet franchise

- up to 10 minutes for presentation + 2 minutes for class feedback and discussion of your findings

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 EQS Consultation Program
The Consultation Program offers academic writing, literacy and numeracy consultations, study skills, exam preparation for Business students. Services include workshops, online resources, individual and group consultations. 
Level 1, Room 1035, Quadrangle Building.
BUS.EQS.Consultations@unsw.edu.au
02 9385 4508

Communication Resources
The Business School Communication and Academic Support programs provide online modules, communication workshops and additional online resources to assist you in developing your academic writing.

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 & Careers Hub
The UNSW Learning & Careers Hub provides academic skills and careers support services—including workshops, individual consultations and a range of online resources—for all UNSW students. See their website for details.
Lower Ground Floor, North Wing Chancellery Building.
learningcentre@unsw.edu.au
02 9385 2060

Student Support Advisors
Student 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.
John Goodsell Building, Ground Floor.
advisors@unsw.edu.au
02 9385 4734

International Student Support
The International Student Experience Unit (ISEU) is the first point of contact for international students. ISEU staff are always here to help with personalised advice and information about all aspects of university life and life in Australia.
Advisors can support you with your student visa, health and wellbeing, making friends, accommodation and academic performance.
International.student@unsw.edu.au
02 9385 4734

Equitable Learning Services
Equitable Learning Services (formerly Disability Support Services) is a free and confidential service that provides practical support to ensure that your health condition doesn't adversely affect your studies. Register with the service to receive educational adjustments.
Ground Floor, John Goodsell Building.
els@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

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).
02 9385 1333



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