Appendix E: Code Arbiter Comparison Code Compliance Kennett Model UK Groceries Code Code Arbiter Manager (CCM) Adjudicator (GCA) Position Independent of the Employed by retailer. Employed by Employed by retailer signatory’s buying Government (industry for a fixed term (i.e. Sits outside of team. levy). cannot be terminated organisation. for making an Independent office. undesirable determination). Sits outside of organisation. Information Grocery Code requires Able to obtain any Does not investigate Grocery Code requires ability to obtain any information needed to for arbitration ability to obtain any gathering information needed to investigate disputes. purposes. information needed to powers investigate disputes. investigate disputes. Empowered to undertake an investigation if the GCA has reasonable grounds to suspect breach of the UK code of conduct. Dispute Must investigate Must consider all Empowered to Must consider evidence dispute or elevate relevant information undertake formal brought forward by the Resolution dispute to senior and to make a arbitration. supplier and investigate management and make determination about (only where required) Does not act as a determination what (if any) action to make a complaints handling what (if any) action has must be taken by Coles determination about body, instead directs or should be taken by to remedy the what (if any) action suppliers to internal the signatory. situation. must be taken by the equivalent of CCM. signatory. This includes considerations of fair dealings. Outcomes None specified. Determinations are Determined by way of Determinations are binding on Coles and formal arbitration. binding on the may include: signatory and may include: Financial compensation Financial compensation Changes to contracts Changes to contracts Any action necessary to rectify the misconduct Timeframes Must conclude Time frames to make a Not specified. Must investigate and investigation within determination are not Adjudications can take make a determination 20 days and provide a specified. up to 12 months to within 20 days. summary to the complete. Any action required to Any action required to supplier the action be taken by Coles as be taken by a signatory taken within 5 days part of a determination as part of a after the conclusion of must be initiated within determination must be the investigation 10 days. initiated within 5 days.
Appendix E: Code Arbiter Comparison Code Compliance Manager (CCM) Kennett Model UK Groceries Code Adjudicator (GCA) Code Arbiter Position Independent of the signatory’s buying team. Employed by retailer. Sits outside of organisation. Employed by Government (industry levy). Independent office. Employed by retailer for a fixed term (i.e. cannot be terminated for making an undesirable determination). Sits outside of organisation. Information gathering powers Grocery Code requires ability to obtain any information needed to investigate disputes. Able to obtain any information needed to investigate disputes. Does not investigate for arbitration purposes. Empowered to undertake an investigation if the GCA has reasonable grounds to suspect breach of the UK code of conduct. Grocery Code requires ability to obtain any information needed to investigate disputes. Dispute Resolution Must investigate dispute or elevate dispute to senior management and make a determination what (if any) action has or should be taken by the signatory. Must consider all relevant information and to make a determination about what (if any) action must be taken by Coles to remedy the situation. Empowered to undertake formal arbitration. Does not act as complaints handling body, instead directs suppliers to internal equivalent of CCM. Must consider evidence brought forward by the supplier and investigate (only where required) to make a determination about what (if any) action must be taken by the signatory. This includes considerations of fair dealings. Outcomes None specified. Determinations are binding on Coles and may include: Financial compensation Changes to contracts Determined by way of formal arbitration. Determinations are binding on the signatory and may include: Financial compensation Changes to contracts Any action necessary to rectify the misconduct Timeframes Must conclude investigation within 20 days and provide a summary to the supplier the action taken within 5 days after the conclusion of the investigation Time frames to make a determination are not specified. Any action required to be taken by Coles as part of a determination must be initiated within 10 days. Not specified. Adjudications can take up to 12 months to complete. Must investigate and make a determination within 20 days. Any action required to be taken by a signatory as part of a determination must be initiated within 5 days.