The ACCC has accepted court enforceable undertakings from A. Giumelli & Sons (1989) Pty Ltd for breaches of the Horticulture Code of Conduct (Code), a mandatory industry code under the Trade Practices Act 1974.
A. Giumelli & Sons:
traded as a merchant without having Code compliant Horticultural Produce Agreements in place with the growers it has traded with;
traded as a merchant without preparing, publishing or making publicly available a document setting out the general terms and conditions under which they would trade with growers of horticultural produce (terms of trade); and
traded as a grower without having Code compliant Horticultural Produce Agreements in place with the merchants it has traded with.
A. Giumelli & Sons has acknowledged it has contravened the Code and section 51AD of the Act.
The ACCC has accepted section 87B undertakings from A. Giumelli & Sons, that it:
will not trade in produce subject to the Code without entering into Code compliant agreements;
will prepare, publish and make publicly available its terms of trade;
will write to growers explaining its contraventions of the Code and this Undertaking;
will conduct a trade practices seminar focussing on the Code and section 51AD of the Act for those authorised to sign horticulture produce agreements on its behalf and for growers of horticultural produce that it trades with who wish to attend, and
will publish an information notice in the Countryman newspaper, distributed in Western Australia.
The Undertaking was varied on the 8th of April 2008 to correct inconsistent paragraph numbering.
These changes have been reflected in the Undertaking that is viewable in the hyperlink below.
