Cuisine Courier Pty Ltd - s.87B undertaking

Cuisine Courier Pty Limited provides a restaurant delivery service in Melbourne and Sydney. As part of this business Cuisine Courier publishes and distributes, by itself or by its agents, menu booklets listing menus and prices for a variety of restaurants. Cuisine Courier also has a web site displaying the same details as the menu booklets. Some of the menu booklets and web site displayed GST exclusive prices for menu items and associated fees. Following an investigation, the Commission has reached the view that Cuisine Courier contravened the Trade Practices Act 1974 (the Act) in that Cuisine Courier made false and misleading representations in its menu booklets and on its web site in contravention of sections 52 and 53(e) of the Act.

The Commission has also reached the view that Cuisine Courier contravened the Act in that Cuisine Courier did not state the full cash price in contravention to section 53C of the Act.

The Commission considers Cuisine Courier contravened sections 52, 53(e) and 53C of the Act by advertising prices that are GST exclusive.

In response to the concerns expressed by the Commission Cuisine Courier has:

• ceased distribution of menu booklets that do not display GST inclusive prices;
• updated its website to display GST inclusive prices.

Cuisine Courier has also provided undertakings to the Commission to:

• issue a national advertisement;
• provide a special telephone recording advising customers and potential customers of the fact that menu booklets already in circulation may contain GST exclusive prices; and
• implement a trade practices compliance program approved by the Commission.