Phillipa Weeks Annual Lecture: Collective Bargaining in Franchise Networks

The ANU College of Law is proud to welcome Associate Professor Tess Hardy (Melbourne Law School) as the keynote speaker at the 2023 annual Phillipa Weeks Lecture. Given each year in memory of the late ANU Law Professor, Phillipa Weeks, this annual lecture is delivered by national and international experts highlighting key issues in the area of labour law.

Collective Bargaining in Franchise Networks: Features, Fissures and Faultlines

Franchise networks are an established feature of the Australian economy and an archetype of fissured work. The splintering of the traditional employment relationship and the shedding of employment to subordinate firms presents a threat to dominant labour law paradigms and embedded bargaining norms. While lead franchisor firms frequently hold direct and indirect influence over working conditions and franchisee behaviour, their lack of interest and involvement in bargaining can undermine the efficacy of agreements and jeopardise collective efforts to address economic inequality.

Drawing on several years of socio-legal research, as well as literature and doctrine, Tess will interrogate the contours of collective bargaining processes and outcomes in the context of franchise networks. This research reveals that franchisors and franchisees have routinely entered into enterprise agreements that cross firm boundaries. In addition, under the collective bargaining class exemption introduced by the Australian Competition and Consumer Commission, franchisee firms are increasingly seeking to engage in collective negotiations with their franchisor over the terms of the franchising relationship.

However, closer examination of key data and decisions reveals some concerning trends. Tess will reflect on the extent to which recent reforms, including the Secure Jobs, Better Pay Act and the Closing Loopholes Bill, may counter these impulses. Tess will argue that to facilitate meaningful bargaining and reshape power relations between franchisors, franchisees and franchise workers, one must look for regulatory solutions beyond the confines of labour law.

Associate Professor Tess Hardy

Associate Professor Tess Hardy is Director of the Centre for Employment and Labour Relations Law at Melbourne Law School. Her research mainly focuses on labour regulation and its enforcement, and the way in which this intersects with business regulation more broadly. Prior to joining academia, Tess was a private practitioner based in Melbourne, Tokyo and Hong Kong, advising principally in the area of work law. Tess is an editor of the Australian Journal of Labour Law and has previously been a consultant to the International Labour Organisation.