The Gold Coast Bulletin

Food group burned by report

Inquiry recommends three-pronged federal investigat­ion into Gold Coast retail giant

- KATHLEEN SKENE AND ALISTER THOMSON

PAST and present bosses of Gold Coast’s Retail Food Group should be investigat­ed for possible insider trading, short selling and tax avoidance, a scathing report into the franchise sector has recommende­d.

RFG is the centrepiec­e of a joint parliament­ary inquiry that found “systemic” exploitati­on of franchisee­s, enabled by legislatio­n that is patently inadequate.

The inquiry recommende­d the nation’s federal agencies – including the tax office, competitio­n watchdog and corporate regulator – scour related companies and investment­s of past and present directors of RFG and comb the company for evidence it had breached consumer law or the Franchisin­g Code of Conduct.

The bipartisan inquiry’s committee, made up of senators and lower house MPs, was formed in March to look at the operation and effectiven­ess of the Franchisin­g Code of Conduct.

Small and Family Business Minister Michaelia Cash said the Federal Government was considerin­g the report and its 71 recommenda­tions.

The committee recommende­d a multi-agency Franchisin­g Taskforce to consider the implementa­tion of the recommenda­tions.

The inquiry found RFG had “churned and burned” individual franchise sites by repeatedly selling them to new franchisee­s despite previous owners failing to succeed.

Former Retail Food Group managing directors Tony Alford

and Andre Nell were among those forced to front the inquiry.

Mr Alford frustrated the committee by unnecessar­ily prefacing every statement he made with the word “privilege” and by frequently stating he “had no insight” or “recollecti­on” of the operations of the franchisor.

That was despite his tenure at the company lasting decades, including stints as CEO and managing director before he left his position as a nonexecuti­ve director in 2017.

The inquiry tore shreds off RFG for failing to provide adequate informatio­n to the parliament­ary committee as requested. “The lack of co-operation by both current and former RFG officers is striking, and indicative of a poor corporate culture at the company,” the report said.

However, RFG yesterday said it supported any changes that would benefit the industry and that it was already working to strengthen its franchise network.

“The current management team and board completely understand that RFG’s future success is directly linked to the profitabil­ity of its franchisee­s,” executive chairman Peter George said.

“We have instituted a comprehens­ive program of investment and improvemen­t to help existing and new franchisee­s grow and prosper.”

The inquiry found existing legislatio­n can exacerbate the power imbalance between franchisor­s and the small business owners they are supposed to support.

The committee found franchise agreements were largely designed by franchisor­s to protect their interests and that “exploitati­on” of contracts had caused “significan­t, and often life-changing, detriment” to franchisee­s.

It also found that while cases of franchisee exploitati­on were isolated when it was last examined in 2008, it had since become systemic.

“As a business structure, franchisin­g exhibits a substantia­l disparity in power between franchisor­s and franchisee­s,” the report said.

“This power imbalance is inherent to the structure, given the franchisor owns the business model and has control over operations and franchisee contracts, as well as their tenancy in many cases.”

 ?? Main picture: GARY RAMAGE ?? Former RFG CEO Tony Alford appears before the joint parliament­ary committee. Inset, former managing director Andre Nell.
Main picture: GARY RAMAGE Former RFG CEO Tony Alford appears before the joint parliament­ary committee. Inset, former managing director Andre Nell.
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