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Horticulture Code of Conduct Services

This is an overview of the services we provide to the industry under the Horticulture Code of Conduct.

Horticulture Produce Agreements

You must have a Horticulture Produce Agreement (HPA).

The HPA is mandatory under the Code and there are fines if you don't have one.

But you want an HPA that works for your business.

We can repair a badly drafted HPA or prepare a new one which satisfies the ACCC requirements.
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Dispute Resolution Management

If you are already in a dispute with a horticulture supplier of trader, we can assist.

We can design and deliver an advanced and integrated dispute resolution service.

We will manage the resolution process, co-ordinate with the parties, arrange for information exchanges, online information exchanges and videoconferencing meetings.

We recommend and use a Conciliation & Adjudication model, that is recommended for the Horticulture industry..

The benefits to all parties to the dispute are are a fast, flexible, fair and final expert resolution.
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Mediation Service

Start with our FREE Notice Service.

You must initiate the dispute resolution processes under the Code of Conduct by sending a Notice of Dispute.

We take the hassle out of the process by providing an on-line form that you can easily fill out to generate the digital Notice. Upload any documents, photos or images that support your claim and our system will automatically bundle it all into a PDF and email it to the other party.

Our automated system will follow up the claims, consult with the parties and at your joint request can appoint a qualified and accredited mediator to the dispute to conduct the Mediation process under the Code.
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Horticulture Code of Conduct advice

We are experts in the Code.

As the former managers of the Code dispute resolution functions, we are expert in their operation and know the pitfalls to avoid.

We can advise how to best operate under the Horticulture Code.
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FAQ

Item #1

A written Horticulture Produce Agreement (HPA) that complies with the requirements of the Horticulture Code of Conduct is mandatory and must be in place before a grower and trader can start trading

No. Under the Horticulture Code a trader can operate as an:

  • an agent who sells a grower’s produce on the grower’s behalf for a commission or fee. An agent never owns the horticulture produce they are selling
  • a merchant who purchases horticulture produce from a grower for the purpose of resale. The code doesn’t apply to produce that is purchased by a merchant for retail sale or export
The trader cannot act as both an agent and a merchant under a single Horticulture Produce Agreement with a grower.

The Horticulture Code of Conduct applies to unprocessed produce which is:

      • fruit
      • vegetables, including mushrooms and other edible fungi
      • nuts
      • herbs and,
      • other edible plants
    • It does not apply to nursery products, including:
        • trees,
        • shrubs, plants, seeds and bulbs
        • propagating material and plant tissue cultures
        • cut flowers or foliage.
    The horticulture code applies:

    • to the relationship between a grower and the agent. It doesn’t apply to the purchaser of produce through the agent
    • to the relationship between a grower and the merchant. It doesn’t apply to the purchaser of produce from the merchant.

If you trade without an agreement, you will be in breach of the code and a civil penalty or an infringement notice may apply.

Under the horticulture code, a trader must ensure that their terms of trade are published and made publicly available, usually by posting on a website.

Under the Horticulture code, growers and traders can use any dispute resolution procedures they choose to resolve horticulture disputes that arise between them. The best way is to put a robust conciliation& adjudication procedure into the mandatory horticulture produce agreement.

The HPA must contain an minimum set of requirements, such as the length of the agreement. Clause 16 of the Horticulture Code sets out the terms that must be included in all HPAs.