Company or individual details
- ANE Furniture Pty Ltd108 246 760
ANE Furniture Pty Ltd (ANE) is a manufacturer and importer of household furniture, including bunk beds.
In February 2009, officers from the ACCC conducted a survey of bunk beds for compliance with the Bunk Consumer Protection Notice (CPN). A specimen of the Marina Bunk was purchased for further testing. As a result, the ACCC formed the view that the Marina Bunk failed to comply with the Bunk CPN, and that the failures rendered the bed unsafe.
The ACCC immediately contacted ANE to inform them of the view formed. It was during the course of these contacts the ACCC became aware of the supply of the Menzies and Casey Bunks. The ACCC formed the view the Menzies and Casey Bunks did not comply with the Bunk CPN, and the failures rendered those bunks unsafe. As a result ANE then commenced voluntary recalls of all three Bunks.
The Marina Bunk created entrapment hazards, as well as a danger that a child's clothing could be snagged on the corner posts which in turn could lead to a strangulation hazard. Some of the Menzies and Casey Bunks also suffered from a 'fall-through' hazard as the gap in the guard rail was too wide. Further details for the Menzies and Casey Bunks can be found on www.recalls.gov.au, PRA number 2009/10966. Further details for the Marina Bunks can be found on www.recalls.gov.au, PRA number 2009/10944.
It appears that in part, the non-compliance arose as a result of differences between the Bunk's designs and the finished product, and that differences resulted from insufficient manufacturing quality control. ANE Furniture admits that, by supplying a bunk bed that did not comply with the relevant mandatory standard, it contravened section 65C of the Trade Practices Act 1974 (the Act).
ANE admits that its conduct contravened section 65C of the Act and it has offered the ACCC a court enforceable undertaking that it will:
- implement a trade practices compliance program, which will include training on the product safety provisions of the Act and mandatory product safety standards covering ANE Furniture's products;
- conduct monitoring of ANE Furniture's products covered by a mandatory safety standard to check that they are properly labelled;
- conduct monitoring of those products to check variation from their designs and for compliance with the mandatory standards;
- report any complaints relating to the current recalls or product safety issues to the ACCC;
- will twice annually check their products are subject to mandatory safety standards and report on that to the ACCC;
- develop recall procedures to enable them to deal with any future recalls; and
- complete the current recalls to the satisfaction of the ACCC.