Introduction

The Wine Industry Code of Conduct, established in December 2008, has two main aims:

to establish a common Australian wine grape supply contract framework; and
to provide a dispute resolution system to manage disagreements which arise over price or quality assessments.

The Code was developed by Wine Grape Growers Australia (WGGA) and the Winemakers' Federation of Australia (WFA) and is supported by the Federal Government's Department of Agriculture, Fisheries and Forestry.

Independent Review of the Code

The Code of Conduct for the Australian wine industry has been in operation since 2009. When the code came into being, one of the requirements was to review the code at the end of the 2010 harvest to assess its progress and to determine whether any improvements could be made to improve its effectiveness.

A review of the Australian wine industry Code of Conduct was completed by Neill Buck on 30 June 2010. Mr Buck is an experienced, independent and well respected reviewer of codes of conduct. Other codes he has reviewed in recent times include the supermarket code of practice and the film distribution and exhibition code.

In his review of the Code, Mr Buck conducted open and private interviews with stakeholders and interested parties, including those who are not signatories to the Code. He sought submissions either in writing, by telephone or email. He spoke with winegrape purchasers and winegrape growers including through their representative organisations, independent experts, interested parties to the Code, for example regulators and other Government representatives and also to members of the Code Administration Committee.

Mr Buck reviewed documents and information drafted at the time of the establishment of the Code and in the immediately preceding period including identifying issues at that time, the extent to which they are relevant today and any new issues which may have arisen since then. He also considered the inquiries, complaints and Code activities including outcomes of the Code when this information becomes available.

Click here to download the full brief given to Mr Buck by the Code Administration Committee.
Click here to download the discussion paper prepared by Mr Buck for the review.
Click here to download Neill Buck's Report on the independent review of the Code.

Call for Independent Experts - Click here

Frequently Asked Questions

Is the Code of Conduct compulsory?

No, it is voluntary. It is expected that the Code will achieve a high level of industry uptake and cooperation. By ensuring that everyone knows where they stand, WGGA and WFA believe a non-legal system of dispute resolution will make for better long-term commercial relationships.

How will wine grape purchasers and growers participate in the Code?

Wine grape purchasers will be invited to become signatories to the Code by the WGGA and WFA. This will mean they are bound by its provisions - and are also expected to promote it to other growers and wineries. The Code sets out the minimum requirements for wine grape purchase agreements. Wine grape purchasers will be bound by provisions of the Code once they sign the Code. Naturally growers and wineries should seek legal advice if they are at all concerned about contracts.

Do you expect a majority of wine grape purchasers to sign the Code?

Percentage-of-crush Performance Targets have been set at 75% of the purchased crush to be covered by the Code in the first vintage after implementation and 85% of the purchased Australian grape crush in the second vintage.

Who runs the Code of Conduct?

The Code was initially developed by a joint WGGA-WFA working committee. It is now overseen by an independent three person Code of Conduct Administration Committee.

Has the Administration Committee been granted any powers to ensure compliance with the Code?

The Committee has the ability to expel non-complying signatories and also publish their names in its Annual Report and on its website.

Will the Code apply to my existing contract?

The Dispute Resolution elements of the Code will apply for signatories immediately for the 2009 vintage and all elements will apply to new contracts. Signatories commit to bringing existing contracts in line with the Code once any significant (material) change is made to a contract.