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Undertaking to get it right

Presenter(s) Neil Yates

Date 1 November 2021

Measurement for a fair, safe, healthy and competitive Australia | measurement.gov.au

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Introduction

  • The problem
  • The possible solutions
  • The undertaking
  • The results
  • The take-aways

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The problem

Major Supermarkets in Australia

  • 3 big players dominate market
  • High level of minor non compliance
    • Unverified instruments
    • Instruments just outside MPE
    • Missing tares
  • Over 700 Inspections during FY2017

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The possible solutions

  • Keep doing the same thing – visit, follow-up and take action according to enforcement protocol
    • Non-compliance notices
    • Warnings
    • Fixed penalty fines
    • Prosecution

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  • Another way – the co-operative approach – Undertakings

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The Undertaking

  • Australian legislation allows the government to accept a written undertaking given by a person in connection with a matter relating to compliance with the legislation.
  • The NMI accepted two formal enforceable undertakings and an informal/administrative undertaking.
  • Commitments included:

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Purchase of test masses

Introduction of QA processes to test accuracy, verification status & cleanliness of NAWI’s

Staff training

Regular review of tare allowances/trading practices

Improved QA checks on pre-packages & bakery products

Extension of 3rd party audit process

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The Results

Before

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After

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*NB – Change in trial purchase monitoring

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The take-aways

  • Co-operative agreements can really improve compliance
  • Encourages businesses to incorporate compliance into ‘business as usual’ processes
  • Feedback from supermarkets - working co-operatively helps to change the compliance culture of the organisation much more effectively than ‘traditional’ enforcement methods
  • Creates better working relationships as less confrontational
  • Leads to less complaints as consumers are getting what they paid for
  • Saves the regulator time

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Questions?

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Neil Yates

Neil.yates@measurement.gov.au

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