A franchisor (including a subfranchisor) with a significant degree of influence or control over a franchisee entity's affairs contravenes s 558B(1) when the franchisee, acting as franchisee, contravenes a listed provision (NES, award, enterprise agreement, national minimum wage, pay frequency and method, unreasonable requirements to spend or pay, guarantees of annual earnings, sham contracting ss 357 to 359, records s 535 and pay slips s 536) and the franchisor or one of its officers knew or could reasonably be expected to have known the contravention, or one of the same or a similar character, would or was likely to occur. It is a defence that the franchisor had taken reasonable steps to prevent such contraventions. In judging reasonable steps a court may consider the franchise's size and resources, the franchisor's ability to influence the franchisee, action to ensure franchisees know their workplace obligations, arrangements for assessing franchisee compliance and for receiving and addressing underpayment complaints within the franchise, and whether the franchise arrangements encourage or require compliance. A franchisee entity is one whose business is substantially or materially associated with the franchise's intellectual property (s 558A).
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.