The Australian Competition and Consumer Commission has accepted court enforceable undertakings from a manufacturer and retailer of bunk beds, Floline International Pty Ltd (trading as Sirocco Homewares Australia), after the ACCC found that its bunk beds did not comply with mandatory safety standards.
Bunk beds sold in Australia are required to comply with the requirements specified in the Australian/New Zealand Bunk Bed Standard AS/NZ 4220:1994. These relate to the design, construction, safety, performance and marking of bunk beds.
Following an investigation, the ACCC reached the view that Floline International had contravened section 65C of the Trade Practices Act 1974, by selling bunk beds that did not comply with the standard in respect of the following:
- a guardrail or barrier on the side opposite to the ladder was not included
- the opening in the guardrail was too wide
- the corner posts on the top bunks protruded more than 8 mm above the bed
- the gap between the top and bottom guardrails was too wide
- the bunk beds were not permanently and indelibly marked with the manufacturer's details.
ACCC Chairman, Mr Graeme Samuel, said consumer safety is of utmost importance and the ACCC will act promptly against suppliers when consumers, particularly children, are placed at risk through non-compliance with mandatory safety standards.
"All companies have a responsibility to ensure that the goods they supply are safe and comply with mandatory safety standards", Mr Samuel said.
When the matter was brought to Floline's attention it cooperated fully with the ACCC, taking immediate remedial action and agreeing to provide the ACCC with court enforceable undertakings.
The undertakings given by Floline include that it:
- will not in future supply any bunk beds that do not fully comply with the relevant mandatory consumer product safety standards
- will rectify the aspects of the bunk beds sold, the bunk beds it has in stock and all bunk beds to be sold in the future that do not comply with the standard
- will implement a trade practices compliance program.