The Australian Horticulture Code of Conduct provides a comprehensive framework for dispute resolution between growers and traders. This framework includes several procedures aimed at addressing and resolving disputes effectively. Here’s a detailed discussion of the available dispute resolution procedures, referencing specific sections of the Code:
Before escalating to formal procedures, the Code encourages growers and traders to resolve disputes internally. This initial approach is designed to address minor issues directly between the parties involved.
The Code outlines a specific dispute resolution procedure that parties must follow if they choose this route. This procedure is detailed in Section 26 of the Code. The steps involved are:
Notification: The complainant (the party initiating the dispute resolution) must inform the other party in writing about the dispute. This notice must include the nature of the dispute, the action proposed to resolve it, and the desired outcome (Section 26(2)).
Resolution Attempt: The parties are required to attempt to resolve the dispute according to the procedure outlined in the Code. This step is crucial for addressing issues promptly and directly (Section 26(3)).
Mediation Option: If the parties are unable to resolve the dispute within three weeks of notifying the other party, they may opt for mediation. Mediation is facilitated by an appointed mediator, who assists in negotiating a resolution without making binding decisions (Section 26(4)).
Mediation is a critical component of the Code’s dispute resolution framework, offering a structured approach to resolving disputes. The procedure for mediation is outlined in Section 27. Key aspects include:
Appointment of Mediator: If mediation is chosen, a mediation adviser, appointed by the Minister for Agriculture, Fisheries, and Forestry, facilitates the process. The adviser can appoint a mediator or refer parties to trained mediators with commercial experience (Section 27(1)).
Mediation Process: The mediator decides the logistics of the mediation, including timing and location. Both parties must attend and make genuine attempts to resolve the dispute. Failure to attend or participate in good faith can result in penalties (Section 27(2)).
Agreement and Costs: If an agreement is reached during mediation, it is documented in writing and is generally binding. Costs are typically shared equally between the parties unless otherwise agreed (Section 27(3)).
Ending Mediation: The mediator can terminate the mediation if it is unlikely to resolve the dispute, or if the complainant requests termination. Mediation must end if no resolution is achieved within 30 days of commencement (Section 27(4)).
For disputes specifically related to the quality or quantity of produce, a horticulture produce assessor can be appointed. The role and procedures for appointing an assessor are described in Section 28. Key points include:
Appointment: Horticulture produce assessors are independent experts who evaluate and report on matters under a horticulture produce agreement. The assessment can cover issues such as produce quality, payment calculations, and adherence to agreement terms (Section 28(1)).
Costs and Compliance: The costs of appointing an assessor are typically shared between the parties unless otherwise agreed. Parties must follow reasonable requests from the assessor, and failure to do so may lead to penalties (Section 28(2)).
The Code provides mechanisms for ensuring compliance and addressing breaches. This includes:
Compliance Checks: Regular compliance checks are conducted to ensure adherence to the Code. Growers and traders are required to provide documentation and information for these checks (Section 29).
Penalties: Financial penalties, infringement notices, and other enforcement measures can be imposed for non-compliance or breaches of the Code. Administrative resolutions and court actions are also available for addressing serious violations (Section 30).
The Code mandates that horticulture produce agreements include specific dispute resolution clauses. These clauses outline the procedures for handling disputes as per the agreement terms. It ensures that both parties have a clear understanding of the process before conflicts arise (Section 31).
The Australian Horticulture Code of Conduct provides a structured and comprehensive approach to dispute resolution. The procedures, including internal resolution, the Code’s dispute resolution process, mediation, horticulture produce assessors, and compliance mechanisms, are designed to address and resolve disputes fairly and efficiently. Each procedure is outlined in specific sections of the Code, ensuring clarity and consistency in handling disputes within the horticulture industry.