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What does the supermarket code of conduct actually do?

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Food and Grocery Code of Conduct - What does the supermarket code of conduct actually do?
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What does the supermarket code of conduct actually do?

 

By Jeff Gibbs

Public scrutiny of supermarkets has a longstanding history. Nearly a decade preceding the current spotlight on inflated prices and allegations of price gouging, a code of conduct was instituted to address the market disparities between major retailers such as Woolworths and Coles and their suppliers. Fast forward to the present, and it’s evident that issues persist. A 2023 report revealed that over a third of Australian vegetable producers contemplated exiting the industry within a year, citing pressures from retailers on pricing and shrinking profit margins. Consequently, the federal government has commissioned a review of the code of conduct.

So, what precisely is this code, and does it effectively operate? Introduced in 2015, the Food and Grocery Code of Conduct serves as an agreement aimed at enhancing business practices within the supermarket sector, particularly concerning the dynamics among retailers, wholesalers, and suppliers. While suppliers are mandatorily covered by the code, participation by supermarkets remains entirely voluntary. Notably, major players like Woolworths, Coles, Aldi, and Metcalf (parent company of IGA) have all opted in.

Under the code, supermarkets bear several obligations, including the fundamental principle of conducting dealings with suppliers in good faith — be it during negotiations, contract establishment, or dispute resolution. However, the code refrains from explicitly defining the concept of “good faith.” Instead, it delineates various factors to assess good faith, such as acting honestly and without retaliatory or coercive measures. Additionally, supermarkets are required to appoint their own code arbiter to investigate disputes and propose resolutions, though a recent review highlighted supplier concerns regarding the arbiters’ lack of independence, resulting in scant formal complaints.

Should a breach of the code occur, suppliers possess the option to file formal complaints with the designated arbiter. Yet, a central critique of the code emerges here: due to its voluntary nature, supermarkets face no tangible repercussions for non-compliance. This deficiency was acknowledged by Dr. Craig Emerson, tasked with leading a review of the code, who emphasised that instituting penalties within a mandatory code could incentivise greater adherence from supermarkets. Nonetheless, supermarkets argue that the paucity of complaints indicates smooth relations between them and suppliers.

Food and Grocery Code of Conduct - What does the supermarket code of conduct actually do?

The Food and Grocery Code of Conduct serves as an agreement aimed at enhancing business practices within the supermarket sector.

Will the code undergo revision? It remains uncertain. Dr. Emerson is slated to deliver a report on the review by June’s end, which will furnish a recommendation to the federal government on potential amendments — either retaining it as a voluntary pact while modifying certain aspects or overhauling it into mandatory regulation. The government, led by Prime Minister Anthony Albanese, asserted a commitment to taking requisite action following the review’s outcome.

This was acknowledged by Dr Craig Emerson, who said proper penalties in a mandatory code would improve supermarket behaviour after he was appointed to lead a review of the code in January.

“Critics point to the weak enforcement powers in a voluntary code,” he said in early February.

“A mandatory code with penalty provisions would likely incentivise greater compliance by supermarkets.

“Enforcement options could include infringement notices and court proceedings to impose financial penalties for non-compliance.”

Supermarkets, however, say the paltry number of complaints shows the relationships between them and suppliers are running smoothly.

Is the code going to change?

It might, but we don’t know for sure yet.

Emerson is due to deliver a report on the review by the end of June.

That will include a recommendation to the federal government on whether to amend the code – that is, keep it as a voluntary agreement but change some other elements – or remake it entirely to turn it into mandatory regulation.

The government will then have to choose whether or not to accept Emerson’s recommendation.

Prime Minister Anthony Albanese said when the review was launched that he “will not hesitate to take action” if it’s required.

 

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Business Closures Reach Four-Year High Amid Cost Pressures

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Business Closures Reach Four-Year High Amid Cost Pressures

 

By Ian Rogers

Business insolvencies in Australia have hit a four-year high, with rising costs and financial pressures forcing many companies to shut their doors. According to debt-monitoring firm CreditorWatch, the business failure rate rose to 5.04% in October 2024, nearing the peak of 5.08% seen during the height of the COVID-19 pandemic in October 2020.

On an annual basis, insolvency rates are now 25% higher than pre-pandemic levels.

Why Are Businesses Struggling?

CreditorWatch identified three main reasons for the increase in insolvencies:

  1. Higher Cost of Living: Consumers are tightening their spending, particularly on discretionary items, affecting business revenues.
  2. Higher Cost of Doing Business: Rising electricity prices, insurance premiums, rent, and wage increases have put pressure on operating costs, especially for smaller businesses.
  3. Tax Debt Recovery: The Australian Taxation Office (ATO) is actively pursuing $35 billion in unpaid tax debts, with many affected businesses in the hospitality and construction sectors.

Sectors Most Affected

  • Hospitality:
    • This sector had the highest failure rate, averaging 8.5% over the past year.
    • CreditorWatch predicts the rate will climb further to 9.1% in the next 12 months.
  • Construction:
    • The construction sector’s failure rate averaged 5.3%, though it appears to be stabilizing.
    • Long-standing cost pressures and reduced activity due to high interest rates have strained many businesses.

Both sectors also face the highest levels of tax debt and defaults, further limiting their financial viability.

Broader Financial Challenges

The report highlighted a rise in business-to-business payment defaults, indicating that more companies are struggling to pay their bills. Arrears have increased across most industries, reflecting the cumulative impact of rising costs and economic pressures.

Ivan Colhoun, CreditorWatch’s chief economist, remarked “Unfortunately, higher costs and interest rates are leading to more arrears and business failures. It’s an expected but unfortunate consequence of the current environment.”

Will Interest Rate Cuts Help?

The Reserve Bank of Australia (RBA) is unlikely to cut interest rates at its December meeting. Rates have remained steady at 4.35% since November 2023, with economists expecting the first cuts in the first half of 2025.

While inflation fell to 2.8% in the September quarter and unemployment held steady at 4.1% in October, the RBA has signalled it won’t reduce rates until inflation drops further or unemployment rises.

Mr. Colhoun noted that even if rates are cut, the effects will take time to materialize. However, lower inflation could provide some relief by reducing cost-of-living pressures and encouraging consumer spending, potentially boosting businesses in the medium term.

Future Uncertainties

While consumer and business confidence have shown modest improvement in recent months, challenges remain:

  • Global Risks: A potential shift in U.S. trade policy, including proposed tariff increases on major Australian trading partners, could create additional uncertainties for businesses.
  • Tax Debt Recovery Delays: The impact of delayed tax cuts and ongoing tax collection efforts could exacerbate financial strain for some businesses.

The Road Ahead

While some sectors show signs of resilience, the rising insolvency rates underscore the need for continued government and industry support. Businesses in hospitality and construction, in particular, will require targeted relief and reforms to navigate these challenging conditions.

The long-term outlook hinges on broader economic stability, interest rate adjustments, and efforts to reduce operational costs for struggling businesses.

 

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Business Confidence Surges as Inflation Declines, Hitting a Two-Year High

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Business Confidence Surges as Inflation Declines, Hitting a Two-Year High

 

By Robert Heyward

Roy Morgan Business Confidence rose sharply in October 2024, increasing by 12.4 points to 106.7. This marked the most positive sentiment in over two years, driven by falling inflation and growing optimism about the Australian economy and business investment.

Key Drivers of the Increase in Confidence

The October rise in Business Confidence coincided with significant declines in inflation:

  • Monthly inflation: Dropped to 2.1% in September, as announced in late October, down from 2.7% in August and 3.5% in July.
  • Quarterly inflation: Reached 2.8% for the September quarter, its lowest level since March 2021 and within the RBA’s target range of 2–3%.

This decline in inflation has improved economic sentiment and heightened expectations of future interest rate cuts, aligning Australia with trends seen in central banks overseas.

Roy Morgan Monthly Business Confidence Australia

Roy Morgan Monthly Business Confidence Australia

Improved Sentiment Across Key Indicators

  • Financial outlook:
    • 46.3% of businesses (up 5.2 percentage points) expect to be better off financially in a year.
    • Only 20.6% (down 4.4 points) anticipate being worse off.
  • Economic outlook:
    • 59% of businesses (up 6.8 points) expect “good times” economically over the next year, the highest level since February 2022.
    • Confidence about the economy over the next five years also rose, with 35.6% expecting “good times” (up 4.4 points).
  • Investment sentiment:
    • 42.9% (up 6.9 points) believe the next 12 months is a “good time to invest” in growing their business.
    • Only 35.2% (down 10.4 points) consider it a “bad time to invest,” the lowest level since June 2021.
Business Confidence by State in October 2023 vs October 2024

Business Confidence by State in October 2023 vs October 2024

State-by-State Analysis

Business Confidence improved across most states, with New South Wales leading at 111.6, followed by Queensland (105.7), Western Australia (105.2), Victoria (104.4), and South Australia (102.4).

Tasmania (89.0) was the only state with confidence below the neutral level of 100, reflecting political instability within its Liberal-led government.

Industry Performance

The most confident industries in September and October included:

  1. Public Administration & Defence: 160.1 (+48.9 points year-on-year).
  2. Education & Training: 127.3 (+6.7 points).
  3. Finance & Insurance: 121.6 (+20.7 points).
  4. Recreation & Personal: 112.0 (+16.9 points).
  5. Professional, Scientific & Technical Services: 111.0 (+11.9 points).

At the lower end, industries like Transport, Postal & Warehousing (72.6), Mining (78.3), and Agriculture (85.7) reported subdued confidence, with the Transport sector consistently lagging throughout the year.

Business Confidence for Top 5 and Bottom 5 Industries in September & October 2024

Business Confidence for Top 5 and Bottom 5 Industries in September & October 2024

Commentary from Roy Morgan CEO Michele Levine

“Roy Morgan Business Confidence surged in October, reaching its highest level since April 2022,” Ms. Levine said.

“This increase was driven by improved optimism about the economy and growing sentiment that the next 12 months is a good time to invest in business growth. The rapid decline in inflation, combined with expectations of potential interest rate cuts, has fostered greater positivity among businesses.”

Ms. Levine also noted strong performances across major states and industries but highlighted the need for targeted support in lagging sectors such as Transport, Postal & Warehousing, and Tasmania’s struggling economy.

Conclusion

Roy Morgan Business Confidence is now just 4.5 points below its long-term average of 111.2, signalling a steady recovery in sentiment as inflation declines and businesses prepare for a potentially favourable economic environment.

For more detailed insights, the Roy Morgan Business Confidence Report is available via subscription.

 

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NSW Businesses Poised to Shine at Global Expo in China

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NSW Businesses Poised to Shine at Global Expo in China

 

By Robert Hayward

The NSW Government is backing 29 businesses from the food, beverage, and health supplement sectors as they prepare to showcase their products at the China International Import Expo (CIIE) this week. The six-day trade show, China’s premier import-focused event, draws dignitaries and exhibitors from over 150 countries, offering NSW companies a direct connection to buyers, distributors, and potential customers throughout China.

As NSW’s largest two-way trading partner for nearly 20 years, China continues to be a top consumer of the state’s agricultural exports, valued at $3.6 billion for 2023/2024. NSW’s wine exports have also surged since the removal of import tariffs earlier this year, signalling continued growth opportunities, especially for the state’s premium food and beverage sector.

Last year’s CIIE saw NSW businesses secure $40 million in export deals, and the NSW Government is once again committed to facilitating new opportunities for expansion and success. Among this year’s exhibitors is Mrs Toddy’s Tonics from Sydney’s Northern Beaches, which will present its range of plant-based beverages, already stocked in Australian supermarkets.

Other participating businesses include Pablo & Rusty’s Coffee Roasters, Australian Vintage Wines, Balance Water, and Noumi. The CIIE will take place in Shanghai from 5–10 November 2024.

For more information about the event and the full list of NSW businesses that’ll be exhibiting visit here.

Minister for Industry and Trade Anoulack Chanthivong said:

“The China International Import Expo is a leading event on the global trade calendar and offers unparalleled opportunities for NSW exporters to connect with buyers and distributors in China.”

“We are excited to once again showcase the best from across NSW at this prestigious import-focused event, including meat from the Riverina, wine from the Hunter Valley, spirits from Wollongong, and health supplements made in Sydney.”

“China has a strong appetite for produce made in NSW, which is globally recognised for its high quality and safety standards, with demand only set to grow.”

Mrs Toddy’s Tonics Co-Founder Sophie Todd said:

“We’re thrilled at the opportunity to introduce a proudly Australian, female-led brand to China, and look forward to showcasing the Mrs Toddy’s Tonic range on the international stage.

“We know that Chinese consumers are becoming more health conscious and are turning to products with natural ingredients, so there’s enormous potential for a business like ours to establish a presence in this lucrative market.”

 

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