Confidentiality No requirements Must use Must not make Must maintain ‘best specified. endeavours’ to keep unauthorised complete the identity of the disclosure of confidentiality of complainant information relating to complainant in the first confidential from Coles, arbitration. instance. except to the extent Does not investigate Disclosure of that it is necessary to for arbitration information is allowed investigate the dispute purposes. only where necessary effectively or to enable to further consider the the implementation of case and where the final determination. complainant has The complainant must provided consent. be the option to to disclosure of withdraw its complaint. information to the signatory, the complainant must be given the opportunity to withdraw its complaint. Reporting Prepare annual report None specified. Prepare an annual Prepare annual report on activities, including report outlining the on activities, including requirements summary information GCA’s activities, summary information about: including disputes about: referred to arbitration Cases investigated and Number of all the UK code. resolved by the complaints received signatory. Nature of complaints Resolution action taken Conduct annual survey of supplier perceptions about compliance with the Grocery Code, based on a set of common principles. Transparency Must publish the Must publish: annual report. requirements Annual report Outcomes of survey Oversight and If a supplier is not Bound by contract with Responsibilities as per Grocery Code sets out satisfied with the Coles. the UK Groceries Code requirements for the enforcement outcome of the CCM’s Adjudicator Act 2013 Code Arbiter when investigation, they may considering a supplier request in writing that complaint. the matter be elevated Bound by contract with to senior levels of signatory. management. Non-performance of a ACCC to review CCMs’ Code Arbiter is a reports during audit breach of the Grocery activity. Code. The ACCC, can use powers under the CCA to force removal of the Code Arbiter. ACCC to review the Code Arbiters’ reports on an annual basis.
Confidentiality No requirements specified. Must use ‘best endeavours’ to keep the identity of the complainant confidential from Coles, except to the extent that it is necessary to investigate the dispute effectively or to enable the implementation of the final determination. The complainant must be the option to withdraw its complaint. Must not make unauthorised disclosure of information relating to arbitration. Does not investigate for arbitration purposes. Must maintain complete confidentiality of complainant in the first instance. Disclosure of information is allowed only where necessary to further consider the case and where complainant has provided consent. to disclosure of information to the signatory, the complainant must be given the opportunity to withdraw its complaint. Reporting requirements Prepare annual report on activities, including summary information about: Cases investigated and resolved by the signatory. None specified. Prepare an annual report outlining the GCA’s activities, including disputes referred to arbitration the UK code. Prepare annual report on activities, including summary information about: Number of all complaints received Nature of complaints Resolution action taken Conduct annual survey of supplier perceptions about compliance with the Grocery Code, based on a set of common principles. Transparency requirements Must publish the annual report. Must publish: Annual report Outcomes of survey Oversight and enforcement If a supplier is not satisfied with the outcome of the CCM’s investigation, they may request in writing that the matter be elevated to senior levels of management. ACCC to review CCMs’ reports during audit activity. Bound by contract with Coles. Responsibilities as per the UK Groceries Code Adjudicator Act 2013 Grocery Code sets out requirements for the Code Arbiter when considering a supplier complaint. Bound by contract with signatory. Non-performance of a Code Arbiter is a breach of the Grocery Code. The ACCC, can use powers under the CCA to force removal of the Code Arbiter. ACCC to review the Code Arbiters’ reports on an annual basis.
Independent-review-of-the-Food-and-Grocery-Code-of-Conduct-Final-Report.docx