The Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015 – the Food and Grocery Industry Code of Conduct (the Code), is a legally enforceable, voluntary prescribed code under the Competition and Consumer Act 2010.
The Code aims to deliver more contractual certainty in trading relations between suppliers and supermarkets, encourage the better sharing of risk and reduce inappropriate use of market power across the value chain.
The Code sets out clear obligations to ensure key elements of Grocery Supply Agreements are discussed and agreed up front. It does not seek to impose overly restrictive rules on commercial negotiations, but rather provides commercial flexibility within a set framework of requirements and controls on behaviour.
An important component of the Code is the dispute resolution provisions. Where disputes cannot be resolved through the commercial arm of a business, a number of options will be available for suppliers, including:
- a retailer’s Code Arbiter
- mediation/arbitration
- legal avenues, and/or
- the ACCC.
An Independent Reviewer, appointed by Government, will oversee the dispute resolution process to ensure to it is conducted independently and without bias.
Access the Food and Grocery Code of Conduct >>
SIGNATORIES to the code
CODE TRAINING
Find out more about the AFGC’s code training >>
CODE ISSUES ASSESSMENT LINE
AFGC operates an advice line to provide assistance to AFGC members on whether a specific practice may be covered by the Code and, if so, what options exist to seek a remedy. To avail of the service, you can contact the AFGC via email or phone 02 6273 1466.
AFGC MEMBER ACCESS
The following resources are available to member companies and will assist business understand the impacts the Code on their business and trade with the supermarkets:
- Topic specific, plain English Guidance Documents
- Guides and tools aiding transition to the second version of the FGCC
- Catalogued member communications
- Dispute resolution processes
- Access is via Members Centre login >>
Independent Reviewer
The Government appointed Independent Reviewer, Mr Chris Leptos AM
The Independent Reviewer oversees dispute resolution between suppliers and major retailers or wholesalers. Based on issues raised by suppliers, the Independent Reviewer works with retailers and wholesalers to improve practices in the food and grocery supply industry. The compliant process begins with suppliers taking complaints to a retailer or wholesaler’s Code Arbiter.
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Mr Chris Leptos AM Update – February 2022 |
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FGCC Code Arbiters
Suppliers with code related concerns can seek to resolve these concerns through each signatories’ Code Arbiter.
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Jenny Linsten Coles Code Arbiter codearbiter@jennylinstenlegal.com.au 0411 022 759 Complaint handling procedure |
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Helen McKenzie Woolworths Code Arbiter codearbiter@wowgrocerycode.com.au 0499 885 090 Complaint handling procedure |
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Bronwyn Gallacher Aldi Code Arbiter aldi.codearbiter@cclconsultants.com.au 0433 292 777 Complaint handling procedure |
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Martin Shakinovsky Metcash Code Arbiter complaints@metcashcodearbiter.com.au 0416 235 766 Complaint handling procedure |
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