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Compliance activity

The Activity aimed to determine the level of compliance by the franchisor and franchisees that engage workers (employees and/or purported contractors) to provide pizza delivery services.

The Activity focussed on whether the franchisees had complied with the following provisions of the Fair Work Act 2009 (FW Act):

  • Section 44 – Contravening the National Employment Standards
  • Section 45 – Contravening a modern award
  • Section 50 – Contravening an enterprise agreement
  • Section 535 – Employer obligations in relation to employee records
  • Section 536 – Employer obligations in relation to pay slips
  • Section 357 – Misrepresenting employment as independent contracting arrangement.

In February 2016, notification letters were sent to 38 stores in all States and the ACT. The letters requested records from January 2016 for employees and purported independent contractors engaged for the purpose of food delivery.

Of the 38 stores written to, two were no longer trading. The remaining 36 stores were operated by 34 franchisees as two of the franchisees operated two stores each.