Mon – Fri  |  9am – 5pm

Level 11, 456 Lonsdale Street, Melbourne VIC 3000

Blog

Minerva Law's Insights, News and Latest Updates

Profitability Over Growth, Privacy Deadlines, and the Small Business Squeeze

Two fast food kitchen workers preparing fried chicken at a stainless steel bench inside a small quick-service restaurant kitchen

Franchise & Competition Law Briefing • 7 October 2026

Profitability Over Growth, Privacy Deadlines, and the Small Business Squeeze

This week’s developments highlight a franchise sector navigating divergent pressures: consumer spending is shifting in unpredictable ways, cost and workforce challenges are hitting smaller operators hardest, and new regulatory obligations are quietly approaching. For franchisors and franchisees alike, the common thread is that sustainable performance now depends less on expansion ambition and more on disciplined strategy, operational resilience, and regulatory preparedness.

Automated decision-making: privacy policy updates required by December 2026

7 October 2026 • MST Lawyers (Australia)

From 10 December 2026, Australian privacy policies must disclose when software is used to make or substantially assist decisions that could significantly affect individuals.

Why It Matters

Franchise systems commonly use automated tools to screen job applicants, assess customer credit, approve applications, or suspend accounts. This new obligation under Australian privacy law means franchisors need to audit their systems and update privacy policies across the network before the December 2026 deadline. Non-compliance could expose both franchisors and franchisees to regulatory action by the OAIC, making this a priority compliance item for franchise operations manuals and disclosure documents.

Read full release →

Chicken Treat ties expansion to franchisee profitability rather than store count

6 October 2026 • QSR Media (Australia)

The 61-store Chicken Treat chain is linking network expansion to franchisee returns, population growth, and franchisee alignment rather than pursuing footprint growth for its own sake.

Why It Matters

This approach reflects a maturing franchise strategy that puts unit-level economics front and centre, a key concern under the Franchising Code’s good faith obligations and disclosure requirements around earnings information. Prospective franchisees benefit when franchisors can show that expansion decisions are grounded in network profitability rather than royalty-driven growth. The model may also reduce the risk of disputes related to encroachment and territory saturation, issues commonly litigated in Australian franchise relationships.

Small businesses pull back on hiring as macroeconomic pressures mount

7 October 2026 • Inside Small Business (Australia)

Larger businesses are experiencing better business conditions than smaller businesses, micro businesses, and sole traders, with small businesses cutting back on hiring amid rising cost pressures.

Why It Matters

Franchisees are predominantly small businesses and are hit hardest when macroeconomic pressures reduce the capacity to recruit staff. Labour constraints directly affect service quality and revenue, which can flow through into disputes with franchisors over performance benchmarks. Franchisors should factor in these conditions when enforcing operational standards or considering renewal and termination decisions under the Franchising Code.

Fast food visit growth stalls as lower-income consumers exit category

5 October 2026 • QSR Media (Australia)

Lower-income households are cutting fast food visits, with only 9% of global QSR brands reporting positive growth according to FTI Consulting.

Why It Matters

QSR franchise networks in Australia depend heavily on high-frequency, value-oriented consumers. A sustained decline in visits from lower-income households signals revenue pressure at the unit level, raising the stakes around franchisor pricing mandates, marketing fund expenditure, and earnings representations in disclosure documents. Franchisors mandating promotions or capital expenditure during a period of declining foot traffic could face good faith challenges under the Franchising Code.

Migration policies ignore small businesses’ workforce needs

6 October 2026 • Inside Small Business (Australia)

Current migration policy settings are failing to address the workforce shortages experienced by small businesses, raising questions about skills access and economic impact.

Why It Matters

Many franchise networks, particularly in food service, retail, and cleaning, rely on migrant workers to fill frontline roles. Restrictive migration settings that do not account for small business labour needs can constrain franchisee operations and push up wage costs. Franchisors should consider how workforce availability affects the viability of new territories and the accuracy of financial information provided during the pre-entry disclosure process.

Cafes, restaurants and takeaway services record strongest retail growth in August

7 October 2026 • QSR Media (Australia)

Cafes, restaurants, and takeaway services recorded the strongest industry growth in Australia’s retail sector despite a broader shift in household spending amid economic challenges.

Why It Matters

Strong retail turnover in food services is a positive signal for food-related franchise systems, potentially supporting franchisor expansion plans and franchisee confidence. However, the data should be read alongside declining visit frequency among lower-income consumers, suggesting that growth may be price-driven rather than volume-driven. Franchisors using this data in marketing or recruitment materials should ensure representations are balanced and comply with Franchising Code disclosure obligations.

Key Takeaways

  • From December 2026, franchise networks using software to make or substantially assist decisions affecting individuals must disclose this in their privacy policies, giving franchisors a defined window to audit automated tools across recruitment, customer profiling, and credit processes.
  • Chicken Treat’s decision to tie network expansion to franchisee profitability rather than store count signals a maturing approach to growth that other franchise systems should consider as consumer spending tightens and unit economics come under greater scrutiny.
  • Fast food visit growth is stalling as lower income consumers pull back, yet cafes, restaurants, and takeaway services recorded the strongest retail growth in August, suggesting that consumer spending is fragmenting rather than uniformly declining.
  • Small businesses are disproportionately bearing the weight of macroeconomic pressures, cutting back on hiring while larger businesses report better conditions, a divergence that franchisees operating at smaller scale should factor into workforce and financial planning.
  • Current migration policy settings are failing to address small business workforce shortages, compounding the hiring difficulties already facing franchise operators who rely on accessible skilled and semi-skilled labour pipelines.
Tsungai Mukushi

Tsungai Mukushi
Principal, Minerva Law

Minerva Law has acted for franchisors and franchisees across the full franchise lifecycle since 2013. Its Principal, Tsungai Mukushi, has practised as a franchise lawyer since 2008.

Minerva Law • Specialist Franchise Lawyers •
minervalaw.com.au
Share:
Related articles:
4.7
Based on 19 reviews