The Australian Competition and Consumer Commission has accepted court enforceable undertakings from a Queensland horticulture produce trader.
Atkinson Produce Pty Ltd, trading as Murray Brothers, has acknowledged it contravened the Horticulture Code of Conduct by trading under horticulture produce agreements and terms of trade that did not fully comply with the code. Atkinson has also admitted that on some occasions it failed to agree prices in writing with growers, and may have inadvertently misled some growers about the compliance of documents.
The code is a mandatory industry code under section 51AD of the Trade Practices Act 1974. It regulates trade in horticulture produce between growers and traders to ensure transparency and clarity of transactions.
The ACCC has accepted undertakings from Atkinson that, among other things, it will redraft its current agreements and terms of trade so that they comply with the code, and notify affected growers. Atkinson will arrange, at its expense, a trade practices law seminar on the code for its management, employees and growers.
ACCC Chairman, Mr Graeme Samuel, reminded the industry that horticulture produce traders must make all efforts necessary to ensure their documentation and practices comply with the code.
"The code has been in effect for well over a year and the ACCC will not hesitate to act if it has concerns that a trader is not meeting all of their obligations."
For media inquiries to the ACCC Chairman, Mr Graeme Samuel, please call Ms Lin Enright, ACCC Media, on (02) 6243 1108 or 0414 613 520.
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