Resolving disputes under the Franchising, Oil and Horticulture Codes of Conduct

For: 

This page is to help members of the franchising, oil and petroleum, and horticulture industries find assistance on how to resolve certain disputes with other members of those industries (including disputes under a franchising agreement, a fuel re-selling agreement, or horticulture produce agreement).

The Franchising Code of Conduct (Franchising Code), Oil Code of Conduct (Oil Code), and Horticulture Code of Conduct (Horticulture Code) are mandatory industry codes that guide how businesses in those industries interact with each other. As the Codes are mandatory, businesses that fall under the Codes are legally required to comply with the Codes.

Each of the Codes contains procedures to help businesses in those industries resolve disputes with each other. The procedures differ slightly for each Code but generally include:

  • lodging a notice of dispute with the other party;
  • trying to negotiate an outcome with the other party; then (if a resolution isn’t reached)
  • attending mediation with the other party to try and resolve the dispute.

The department can help you understand the dispute resolution processes under each of the Codes, and provide assistance to help you resolve disputes. This includes helping you with your notice of dispute; providing information on appropriate mediators for the dispute; and having the Franchising Mediation Adviser, Horticulture Mediation Adviser, or Oil Dispute Resolution Adviser appoint a mediator if you and the other party cannot agree on which mediator to use.

The Franchising Mediation Adviser, Horticulture Mediation Adviser, and Oil Dispute Resolution Adviser is a senior officer of the Department of Jobs and Small Business.

For assistance, please contact the department on:

Phone: 1300 650 460
Email: info@asbfeo.gov.au
Website: www.asbfeo.gov.au/industrycodes