Position Independent of the signatory’s buying team. Independent of Coles. Independent from the retailer. Employed for a fixed term (i.e. cannot be terminated for making an undesirable determination). Accessibility Contact details must be communicated to suppliers. Contact details must be communicated to suppliers. Contact details must be communicated to suppliers. Information gathering powers Able to obtain any information needed to investigate disputes. Able to obtain any information needed to investigate disputes. Able 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. 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 Determinations are binding on the signatory and may include: Financial compensation Changes to contracts To take any necessary action to rectify the misconduct (eg. place orders) Timeframes Must conclude investigation within 20 days and provide a summary to the supplier about 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. 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.
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.