Black & Decker (Australia) Pty Ltd - variation - s.87B undertaking

Company or individual details

  • Black & Decker (Australia) Pty Ltd
    000 021 938

Undertaking

On 12 September 2006 the Australian Competition and Consumer Commission (ACCC) accepted an undertaking given by Black & Decker (Australia) Pty Ltd pursuant to section 87B of the Trade Practices Act 1974.  The undertaking requires Black & Decker for a period of 3 years refrain from making any representation to the effect that certain products it supplies are "Australian Made", "Made in Australia" or originate from Australia if that is not in fact the case.

The undertaking also requires Black & Decker to establish and implement a Trade Practices Compliance Program in accordance with the requirements set out in the ‘Annexure A’.

Between late 2006 and September 2008 Black & Decker supplied certain Powerfile sanding belts (the Powerfile belts) in packaging which included the representation ‘Made in Australia’ when in fact those Powerfile belts were made in Germany.

The ACCC is concerned that by representing that the Powerfile belts were ‘Made in Australia’ (the Representation) in circumstances where the Powerfile belts were not substantially the result of manufacturing processes carried out in Australia Black & Decker has engaged in conduct and made representations in breach of sections 52, 53(a), 53(eb) and 55 of the TPA and contravened paragraph 14(a) of the undertaking.

Black & Decker acknowledges acknowledges that by supplying the Powerfile belts with the representation ‘Made in Australia’ when they were not substantially transformed in Australia it has contravened sections 52, 53(a), 53(eb) and 55 of the TPA and paragraph 14(a) of the Undertaking.

In order to address the concerns identified in connection with the supply of the Powerfile belts, Black & Decker has given to the ACCC a variation to the undertaking that:

  • Extends the period of time (to 4 years) during which Black & Decker is to maintain and implement the trade practices compliance program;
  • Requires Black & Decker  undertake an audit of its domestic suppliers to identify the source (country of origin) of all of the materials used in the                                manufacture of the products that they supply to Black & Decker.
  • Requires Black & Decker conduct a review its compliance processes with respect to country of origin statements made on the Products and implement all necessary changes.

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