Food and Grocery Code of Conduct resources - Australian Food & Grocery Council

The Food and Grocery Industry Code of Conduct is a legally enforceable, voluntary prescribed code regulated under the Competition and Consumer Act.

Code resources

These resources are for AFGC members only – please do not distribute these outside of your organisation.

Confidential information

Effective trading relationships between suppliers and retailers and wholesalers often require the sharing of confidential information. This may relate to pricing, promotions, new product development, strategy or innovation coming through the pipeline.

In the past suppliers have raised concerns that confidential information has been used by retailer and wholesalers for ulterior purposes, such as the development of private label offerings.

Download

AFGC FGCC Guidance Document – Confidential Information [PDF 459 kb]

Dispute resolution

In 2020, a new dispute resolution framework was introduced. The framework includes Code Arbiters appointed by each signatory and a government-appointed Independent Reviewer. Find contact details for dispute resolution.

Download

AFGC FGCC Guidance Document – Code Arbiter [PDF 1.2 mb]

AFGC FGCC Dispute Resolution Process [PDF 492 kb]

Read

FGCC Guidance Document – Independent Reviewer

2020 Code revisions

In 2018, the Code underwent an independent review, following 3 years of operation. Following the review and the government’s consideration of the recommendation, a revised Code was released in October 2020.

Download

AFGC FGCC Guidance Document – changes to the FGCC November 2020 [PDF 885 kb]

FGCC drafting changes summary table October 2020 [PDF 190 kb]

Read

Code Amendments and Explanatory Statement October 2020

ACCC guidance on the FGCC, updated October 2020

The Hon Michael Sukkar MP Media Release October 2020

AFGC annual code survey

The Annual Food and Grocery Code of Conduct (FGCC) Survey of members seeks to understand the progress of issues between retailers and suppliers with regards to the FGCC.

Download

2021 Annual Food and Grocery Code of Conduct Review [PDF 1 mb]

2020 Annual Food and Grocery Code of Conduct Survey [PDF 1 mb]

2019 Annual Food and Grocery Code of Conduct Survey [PDF 1 mb]

2018 Annual Food and Grocery Code of Conduct Survey [PDF 628 kb]

2017 Annual Food and Grocery Code of Conduct Survey [PDF 81 kb]

2016 Annual Food and Grocery Code of Conduct Survey [PDF 43 kb]

2018 Independent review

The Food and Grocery Code of Conduct (FGCC) underwent an independent review in 2018. The review was required to assess the operation of the FGCC and assess its impact on improving commercial relations between grocery retailers, wholesalers and suppliers.

Download

Independent Review of the Food and Grocery Code of Conduct – Draft Report July 2018 [PDF 77 kb]

Update on the Food and Grocery Code of Conduct Review May 2018 [PDF 65 kb]

Independent Review of the Food and Grocery Code of Conduct March 2018 [PDF 60 kb]

Read

Government’s response to the review of the Food and Grocery Code of Conduct March 2019

Independent Review of the Food and Grocery Code of Conduct – Final Report September 2018

Good faith

The Food and Grocery Code of Conduct (FGCC) requires signatories to deal with suppliers lawfully and in good faith at all times. Good faith derives its meaning from the unwritten law but subclause 6B(3) provides some guiding principles to help in determining whether a retailer or wholesaler is acting in good faith.

Download

AFGC FGCC Guidance Document – Good Faith [PDF 1 mb]

Woolworths Caltex deal update [PDF 57 kb] October 2018

Woolworths forensic claims [PDF 85 kb] March 2017

Woolworths forensic claims [PDF 71 kb] December 2016

Grocery supply agreements

The Food and Grocery Code of Conduct (FGCC) is built around the Grocery Supply Agreement (GSA) between the retailer or wholesaler and the supplier. GSA is an umbrella term that captures ALL agreements existing with a supplier, including trading terms, policies and procedures, supply chain agreements, business plans and purchase orders.

Download

AFGC FGCC Guidance Document – Grocery Supply Agreements [PDF 227 kb]

Woolworths Caltex deal update [PDF 57 kb] October 2018

Woolworths Caltex deal [PDF 57 kb] October 2018

ACCC Maintain Pressure on FGCC Signatories [PDF 84 kb] August 2016

Coles provide additional clarity on supplier portal [PDF 68 kb] March 2016

Woolworths Grocery Supply Agreement Checklist [PDF 245 kb] December 2015

Coles offer to vary agreements [PDF 284 kb] December 2015

Woolworths FGCC deed of variation further information provided [PDF 424 kb] December 2015

Woolworths deed of variation update [PDF 349 kb] October 2015

ACCC investigates supermarket retailers implementation of the Food and Grocery Code of Conduct [PDF 153 kb] September 2015

Retailer trading terms and Code compliance [PDF 348 kb] September 2015

Unilateral and retrospective variations

The Food and Grocery Code of Conduct (FGCC) prohibits unilateral variations of grocery supply agreements unless the agreements expressly allows for the variation, it is reasonable and the supplier is provided reasonable written notice of the variation.

From October 2020, retrospective variations of grocery supply agreements are prohibited at all times.

Download

Guidance Document – Unilateral and Retrospective Variations [PDF 850 kb]

Aldi cargo ready dates [PDF 140 kb] September 2019

Woolworths Caltex deal update [PDF 57 kb] October 2018

Woolworths deed of variation update [PDF 349 kb] October 2015

Delisting, range reviews and shelf space allocation

The Food and Grocery Code of Conduct (FGCC) places obligations on signatory retailers and wholesalers in relation to how they conduct their range reviews, allocate shelf space and the process for delisting a product.

Download

AFGC FGCC Guidance Document – Delisting [PDF 92 kb]

AFGC FGCC Guidance Document – Range reviews and allocation of shelf space [PDF 1 mb]

Woolworths Caltex deal [PDF 61 kb] October 2018

ACCC concerns about supermarkets not complying with the FGCC [PDF 64 kb] August 2016

Payments

The Food and Grocery Code of Conduct (FGCC) places obligations on signatory retailers and wholesalers in relation to various payments. Payments for shrinkage are prohibited and there are a number of requirements in relation to payments for waste, for retailer’s activities, positioning of groceries and new line fees.

Download

AFGC FGCC Guidance Document – Payments for Shrinkage and Waste [PDF 236 kb]

Woolworths forensic claims [PDF 85 kb] March 2017

Woolworths forensic claims [PDF 71 kb] December 2016

Coles – early settlement discounts [PDF 252 kb] December 2016

ACCC concerns about supermarkets not complying with the FGCC [PDF 64 kb] August 2016

Woolworths FGCC deed of variation further information provided [PDF 424 kb] December 2015

Other Code provisions

The Food and Grocery Code of Conduct (FGCC) also covers the following matters as they relate to the relationship between retailers or wholesalers and suppliers: