Confidentiality Must use endeavours’ to Must maintain complete ‘best keep the identity of the confidentiality of complainant confidential from complainant and details of Coles, except to the extent the complaint from the that it is necessary to signatory, in the first investigate the dispute instance. effectively or to enable the Disclosure of information is implementation of the final allowed only with the determination. complainant’s consent and it The complainant must be is where necessary for given the option to withdraw investigation or its complaint. determination purposes. to disclosure of information to the signatory, the complainant must be given the option to withdraw its complaint. Reporting Prepare annual report on Prepare annual report on requirements activities, including activities, including summary summary information information about: about: Number of all Cases investigated complaints received and resolved by the Nature of complaints signatory. Resolution action taken Conduct annual survey of supplier complaints about the signatory’s compliance with the Grocery Code, based on a set of common principles. Transparency Must publish: requirements Annual report Outcomes of survey Oversight and If a supplier is not satisfied Bound by contract with Coles. Bound by contract with enforcement with the outcome of the signatory. CCM’s investigation, they ACCC to review Adjudicators’ may request in writing that reports on an annual basis. the matter be elevated to Suppliers should be invited senior levels of to make confidential management. submissions to the ACCC on ACCC to review CCMs’ the annual reports. reports during audit activity. Non-performance of an Adjudicator is a breach of the Grocery Code, therefore ACCC can use powers under the CCA to force removal and/or reappointment of Adjudicator.
Confidentiality 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 given the option to withdraw its complaint. Must maintain complete confidentiality of complainant and details of the complaint from the signatory, in the first instance. Disclosure of information is allowed only with the complainant’s consent and it is where necessary for investigation or determination purposes. to disclosure of information to the signatory, the complainant must be given the option to withdraw its complaint. Reporting requirements Prepare annual report on activities, including summary information about: Cases investigated and resolved by the signatory. 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 complaints about the signatory’s compliance with the Grocery Code, based on a set of common principles. Transparency requirements 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. Bound by contract with signatory. ACCC to review Adjudicators’ reports on an annual basis. Suppliers should be invited to make confidential submissions to the ACCC on the annual reports. Non-performance of an Adjudicator is a breach of the Grocery Code, therefore ACCC can use powers under the CCA to force removal and/or reappointment of Adjudicator.
c2018-t306880_Draft_Report.docx