Atkinson Produce Pty Ltd - s.87B undertaking

The Horticulture Code of Conduct (Code) is a mandatory industry code under section 51AD of the Trade Practices Act 1974 (TPA).

Atkinson Produce Pty Ltd, trading as Murray Brothers (Atkinson), has admitted to:

• trading as a merchant under horticulture produce agreements and terms of trade that were not Code compliant;
• while trading as a merchant, on some occasions failing to agree prices with growers in writing; and
• in letters to growers, making statements concerning their horticulture produce agreements that may have misled growers to believe that their agreements were in fact Code compliant.

The ACCC has accepted court enforceable undertakings from Atkinson that it will:

• not trade in horticulture produce subject to the Code without having in place Code compliant horticulture produce agreements;
• prepare, publish and make publicly available Code compliant terms of trade;
• write to affected growers advising them of the undertakings to the ACCC and the revisions to the horticulture produce agreements and terms of trade; and
• conduct a trade practices seminar, focusing on the Code and sections 52 and 53 of the TPA, for its directors, company officers and employees authorised to trade in horticulture produce on its behalf, and for growers with whom it trades with who wish to attend.