ACCC ensures compliant template agreements across horticulture industry
Compliant horticulture produce agreements are now available to growers and traders throughout the horticulture industry after cooperation between the Australian Competition and Consumer Commission, individual traders and trader associations.
"The ACCC has investigated complaints that produce agreements distributed by a number of individual traders including Costa Exchange Ltd, Holman Fresh Pty Limited, LaManna Bananas Pty Ltd, LaManna Bananas (Adelaide) Pty Ltd, Verona Fruit Pty Ltd and the Australian Banana Company did not comply with the Horticulture Code," ACCC Chairman, Mr Graeme Samuel, said today.
"After discussions with the ACCC, these agreements have been revised to ensure compliance. Additionally, the traders have agreed to implement a Horticulture Code compliance strategy for their staff and growers.
"Perhaps more important for the industry as a whole, the ACCC has also worked with trader associations, including Fresh State, Brismark, the Australian Chamber of Fruit and Vegetable Industries Limited and the Chamber of Fruits and Vegetable Industries in Western Australia (Inc.) to ensure their template horticulture produce agreements comply.
"This is a major achievement for the industry, with compliant template agreements now readily available. There are now no excuses for not entering into a compliant agreement.
"The ACCC will actively monitor the use of the template agreements and will not hesitate to quickly investigate and take enforcement action if necessary.
"The ACCC is pleased that trader associations are now actively distributing compliant agreements and encourages members to operate within the law and get on with business under the new arrangements.
"The ACCC would encourage any trader who is using a template agreement to check with their association to ensure that they have a copy of the most recent template. Traders should also terminate any agreements with growers based on the old non-compliant templates and enter into new agreements which comply with the code."
Traders and growers should be aware that those attempting to circumvent the code risk contravening both the code and the Trade Practices Act 1974. Anyone who is pressured to sign a non-compliant agreement should contact the ACCC's Infocentre on 1300 302 502 to make a complaint. All complaints are treated confidentially.
The mandatory Horticulture Code introduced by the Australian Government under the Trade Practices Act 1974, aims to provide clarity and transparency in trade between growers and wholesale traders of horticulture produce by clarifying their rights and responsibilities. On 14 May 2007 the Trade Practices (Horticulture Code of Conduct) Regulations 2006 required that all horticulture produce agreements entered into on or after 15 December 2006 must comply with the code. The ACCC's role is to promote compliance with the code and the Act through education, access to information and where necessary, enforcement action.
The ACCC has previously issued news releases cautioning traders and growers against entering into pre-dated and non-compliant horticulture produce agreements.
