54Investigations by the Code Mediator—recommendations (including proposed remedies)

54 Investigations by the Code Mediator—recommendations (including proposed remedies)

(1) After: (a) investigating a complaint to which section 53 applies; or (b) reconsidering a complaint under subsection 57(2); the Code Mediator may decide to make one or more recommendations for dealing with the complaint if satisfied that it is appropriate to do so having regard to the matters in subsection (2).

Note: Under section 57, the Code Supervisor may recommend that the Code Mediator reconsider a complaint.

(2) The matters are the following: (a) the purposes of this Code; (b) the facts of the complaint; (c) any findings of the Code Mediator’s investigation of the complaint; (d) any other matter the Code Mediator considers relevant. (3) Without limiting subsection (1), the Code Mediator may propose a remedy (a proposed remedy) involving the large grocery business taking an action such as: (a) paying a specified amount of compensation to the supplier; or (b) varying, subject to section 20 (unilateral variation of agreement), a grocery supply agreement with the supplier. (4) Before recommending that a large grocery business should vary a grocery supply agreement, the Code Mediator may consult with the large grocery business, the supplier, or both. (5) Within 5 business days after concluding the investigation, the Code Mediator must give the supplier a written notice setting out: (a) whether the Code Mediator has decided to make any recommendations under subsection (1) and, if so, the content of the recommendations (including the details of any proposed remedy); and (b) the Code Mediator’s reasons for making that decision; and (c) that the supplier may take further action in relation to the matter under: (i) Subdivision B (independent review by the Code Supervisor); or (ii) Subdivision C (mediation or arbitration); and (d) for each proposed remedy (if any)—that the supplier and the large grocery business may agree to the proposed remedy by: (i) each providing a written notice to that effect to the Code Mediator before the end of the acceptance period for the remedy; and (ii) entering into an agreement with each other to that effect. (6) The Code Mediator must give the large grocery business a copy of the notice within 5 business days after concluding the investigation. However, the Code Mediator must first redact from the copy any information that is reasonably capable of being used to identify the supplier, unless the supplier has expressly consented to their identity being disclosed to the large grocery business.