1. Policy statement
2. Who is covered by the policy?
3. Meaning of Modern Slavery
4. Ethical Standards
5. Dealings with Suppliers
6. Training and communication
7. Who is responsible for the policy?
8. How to raise a concern
9. Related policies
The Company has a strong commitment to social responsibility. In formulating and delivering our business strategy we take into account our responsibility to the community, environment, our people and our clients.
The purpose of this policy is to:
This policy is endorsed by the Company's board and senior management, who have ultimate responsibility for its implementation and references in this policy to the Company include a reference to all of the Company's subsidiaries.
This policy applies to all directors of the Board, management, staff and contractors engaged and undertaking work on behalf of the Company and its group of companies, wherever they may be located (collectively referred to as personnel in this policy).
This policy applies to our operations, activities and all of our dealings with third parties whether they be with private organisations, individuals or any representatives of such persons. Compliance with this policy is the responsibility of all Company personnel (irrespective of an individual's particular role or responsibilities).
The Company expects our suppliers to uphold the same standards, including in our suppliers' dealings with their suppliers, and the Company commits to working in partnership with our suppliers to implement this policy.
The Modern Slavery Act 2018 (Cth) requires all Australian entities or foreign entities carrying on business in Australia that have a consolidated revenue of $100 million or more, to publicly report on, amongst other things, risks of Modern Slavery in their operations (including investments and financial lending) and supply chains.
The Company defines Modern Slavery in accordance with the definitions provided in the Modern Slavery Act 2018 (Cth), that is, including:
The Company endeavours to ensure that we, and our personnel, comply with all laws related to Modern Slavery or Prohibited Business Practices (as described in paragraph 5 below), within our operations, activities and supply chains, endeavouring to ensure:
The principle of ethical behaviour also governs the conduct of all our procurement activities. All personnel who procure goods, services, consultancy and capital work must comply with the standards of integrity, probity, professional conduct and ethical behaviour including:
The Company's approach to Modern Slavery and ethical business standards, including our expectations as set out in this policy, must be communicated in writing to all suppliers at the outset of our business relationship with them.
In addition, Suppliers are required to comply with the Company's Supplier Code of Conduct. The Company also encourages our suppliers to implement their own binding guidelines for ethical behaviour.
Prohibited Business Practices
The Company requires all suppliers to comply with all applicable Australian and international laws in relation to prohibited business practices, and to support internationally accepted standards, treaties and declarations in relation to prohibited business practices, including (but not limited to):
We mandate that all our suppliers follow the following requirements related to risks of Modern Slavery before entering into any supplier contracts.
The Company reserves the right, upon reasonable notice, to check compliance with the requirements of the Supplier Code of Conduct. Any breach of the obligations stipulated in the Company's Supplier Code of Conduct are considered a material breach of contract by the supplier.
The Company requires suppliers to notify us by contacting our Global General Counsel Dr Srechko Kontelj OAM of any breaches (including any pending charges) of any laws related to Modern Slavery or Prohibited Business Practices as part of their commitment to full and frank disclosure for the protection of our business, our people, our clients and the community.
Where you have concerns that conduct by a supplier may constitute Modern Slavery or a breach of laws related to Modern Slavery or Prohibited Business Practices, you must contact our Global General Counsel Dr Srechko Kontelj OAM.
Training on this policy forms part of the induction process for all new personnel. All existing personnel will receive relevant training at appropriate intervals on how to implement and adhere to this policy.
The Board of Directors has overall responsibility for ensuring this policy complies with the Company's legal and ethical obligations, and that all those under our control comply with it.
The Head of Buying has primary and day-to-day responsibility for implementing this policy, and for monitoring its use and effectiveness. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate training on it at appropriate intervals. This policy, and the Company's internal control systems and procedures, will be subject to regular reviews to provide assurance that they are effective in countering Modern Slavery.
The Company supports and encourages personnel to raise genuine grievances about Modern Slavery matters, whether identified by, or affecting them, in the workplace. We encourage our personnel and the representatives of our suppliers to report any instances that suggest:
If at any time you:
you should in the first instance consult Bailey Nelson’s Head of Buying, Brooke Clarke.
The Company seeks to ensure that its personnel can raise concerns without fear that their future employment prospects will be adversely affected.
If you wish to report a concern in relation to Modern Slavery, including any conduct that may be a or result in a breach of this policy, you may raise it with Bailey Nelson’s Head of Buying, Brooke Clarke.
Set out below are a number of guidelines to assist personnel in complying with this policy. The list is not intended to be exhaustive and is for illustrative purposes only.
a) Conduct appropriate due diligence throughout the lifecycle of our engagement with a supplier to address the risks of Modern Slavery in connection with supply.
b) Communicate our Modern Slavery requirements for suppliers and ensure that, where appropriate, suppliers are required to confirm their compliance with our Modern Slavery Policy and the Modern Slavery Act 2018 (Cth).
c) Seek to anticipate and plan in advance for new or potential circumstances where Modern Slavery or risk of Modern Slavery may occur, for example via the introduction of new products, services or suppliers.
d) Acknowledge the necessity to prevent, and address risks of, Modern Slavery in our business operations and supply chains when setting key performance indicators KPIs and do not penalise individuals and teams for failing to meet KPIs as a result of such compliance. For example, make sure KPIs do not promote a focus on securing the lowest possible costs and rapid delivery times from suppliers as this may inadvertently contribute to Modern Slavery risks.
e) Regularly review supplier's compliance with the requirements of our Modern Slavery Policy.
f) Immediately report any indications of Modern Slavery or any concerns you have about risks of Modern Slavery, in our operations and supply chain.
g) Ensure all actions taken in the response to any instances of Modern Slavery are in the best interests of the suspected victim or victims.
a) Engage in practices of Modern Slavery such as using forced, compulsory or involuntary labour.
b) Do anything to enable someone else, including a supplier, agent or representative of the Company to engage in or facilitate practices of Modern Slavery.
c) Allow detrimental treatment (dismissal, disciplinary action, threats or unfavourable treatment connected with raising a concern) as a result of an employee reporting, in good faith, a suspicion that Modern Slavery may be taking place in any part of the Company or its supply chains.
d) Attempt to resolve a situation of Modern Slavery yourself;
Be cautious of:
a) Processes that promote a 'tick box' approach to compliance in lieu of continuous improvement in the management of Modern Slavery risks.
b) High risk procurement and recruitment practices, such as engagement with indirect suppliers, employment agencies and sub-contracting arrangements.
c) High risk indicators of Modern Slavery in connection with supply, including but not limited to:
(i) the industry (ie frequent use of unskilled, short-term or temporary labour);
(ii) the product or service (ie materials reported to involve a risk of labour exploitation);
(iii) geography (ie goods are made or labour is sources in a country where there is a risk of labour exploitation); and
(iv) the entity (ie an entity has been previously reported as noncompliant with labour standards).
d) Background information about existing or potential suppliers and their representatives that may indicate the prevalence of improper practices, such as information from international organisations and NGOs regarding human rights and unethical business practices and information related to their reputation, beneficial ownership and qualifications.