All grower and traders operating through the Central markets must now have a valid Horticulture Produce Agreement (HPA) in or risk being penalised by the Australian Competition and Consumer Commission (ACCC).
Only growers who sell directly to retailers, exports and processors are exempt and most packhouses will also need to have compliant HPAs with their suppliers.
Growcom has worked extensively to ensure that our members are informed of their rights and obligations under the Code.
To ensure a smooth transition, Growcom has developed HPA templates for growers who choose to pursue either an agency or merchant style agreement with their wholesaler or packhouse, depending on the preference of both parties.
The templates were developed with significant input from solicitors, growers and grower organisations around Australia. They can be filled in electronically or printed out and filled in by hand.
They are a useful starting point for negotiations around the horticulture produce agreement and provide a clear and easy-to-understand outline of the responsibilities of both parties.
Growcom strongly recommends for growers to have an open discussion with their traders before developing a detailed agreement, and to check the commercial terms schedule and the accompanying terms and conditions within that agreement to ensure they are not signing away their rights.