In its long a waited report, the Western Australian Parliamentary Committee has opposed the Franchising Bill 2010 (WA Bill) and concluded that the definition of 'good faith' should be left undefined. Material to their decision was the recent 2010 reforms to the Franchising Code of Conduct. The Committee stated that 'The federal government has, in lieu of a good faith clause, targeted commonly cited problem behaviours via amendments to the Code addressing disclosure about proposed conduct during and at the end of a franchise agreement'. The Committee made clear their support for a national system and indicated that they would revisit a general duty to act in good faith at a national level when the federal government takes its review in 2013.
The Committee, as well as the FCA, has cautioned the members of the South Australian government against introducing the Koutsantonis bill which is based on the same 'good faith' model as the WA Bill.