Anglicare Code of Practice for Suppliers

Anglicare is committed to upholding high standards of ethical practice by working with its Suppliers to constructively influence its social, ethical and environmental performance.

Anglicare recognises that its corporate and social responsibilities reside in both its own direct activities and its supply chains, and seeks to ensure that the products and services it purchases are ethically produced. We look for Suppliers that demonstrate a commitment to implementing policies and practices consistent with and complementary to, our own. We believe these considerations to be the platform from which responsible behaviours can build.

Anglicare respects universally recognised principles of human rights and accordingly, seeks to ensure that it and its Suppliers operate in accordance with the requirements of the enclosed Code of Practice (the Code).

Anglicare recognises that establishing the required processes outlined in the Code requires both time and resources. The Code should therefore be understood as a tool for cooperation and dialogue with our Suppliers as to how to improve systems to manage adverse impacts on human rights including measures to eliminate slavery and human trafficking.

Where there is non-compliance with the requirements of the Code, Anglicare will focus on the ability and willingness of that Supplier to implement change.

Please refer to the enclosed Code for more information about the specific requirements. If you have any questions regarding this letter or the Code, please do not hesitate to contact our Procurement Manager.

Kind regards,

Greg Muddle
Chief Financial Officer

Anglicare
Date: 01/01/2020

Appendix A

(Applies to suppliers tendering for Anglicare work or currently supplying goods or services to Anglicare)

All tenderers responding to a RFT / RFP must submit information as part of the tender response to the tender owner at Anglicare
 

I. Introduction

Purpose

The purpose of this Code of Practice (Code) is to facilitate the implementation by Anglicare and its Suppliers of measures taken, to eliminate slavery and human trafficking including poor working standards, low wages and poor health and safety practice in their place(s) of work or their supply chains.

Anglicare adheres to the content of this Code and expects the same of its Suppliers.

Anglicare is willing to work with Suppliers to achieve compliance with the provisions of this Code but will not engage with a Supplier if compliance with the terms of this Code is deemed impossible and the Supplier shows no willingness or ability to mitigate identified adverse impacts.

Anglicare is aware that its actions and procurements practices can influence a Supplier’s ability to comply with the requirements of this Code. Therefore, Anglicare will routinely assess any adverse impacts compliance with the Code may cause or contribute to, through its purchasing, compliance and other supply chain practices. In addition, Anglicare shall periodically review the adequacy and continuing effectiveness of this Code.

General Principles

This Code outlines 12 general principles (the Principles) Anglicare believes its Suppliers should comply with in order to minimise slavery or human trafficking in their workplaces or supply chains. Anglicare will not accept any attempt to use the requirements of the Code as a means of lowering existing standards. When implementing this Code, Suppliers shall take all necessary measures to ensure that they do not unintentionally leave workers and other beneficiaries in a worse position than before this Code was introduced.

Legal Compliance

In addition to meeting the requirements of this Code, Suppliers are required to comply with all laws and regulations (including those of the country of manufacture of their product), as well as other applicable standards (e.g. legislation, industrial awards, collective bargaining agreements or other Codes of Practice).

Where there are differences between the terms of this Code and national laws or other applicable standards, Suppliers shall adhere to the higher requirements. If any conflicts are detected, Suppliers must inform Anglicare immediately. 

II. Process Requirements

It is Anglicare’ anticipation that all Suppliers will develop and implement the following:

1) a policy statement as to the prohibition of slavery and human trafficking,

2) due diligence measures to minimise or prevent same by compliance with the Principles and

3) remediation measures in the event of non-compliance. 

1. Policy Statement:

Anglicare expects Suppliers to adopt a policy statement demonstrating the Supplier’s commitment to the Principles. The policy statement shall:

• be approved by the most senior level of the Supplier.
• take into account relevant internal or external expertise on measures to remove or reduce slavery or human trafficking in supply chains
• be publicly available and communicated both internally and externally.
• be reflected in other operational policies and procedures necessary to embed the policy statement throughout the Supplier’s

2. Due Diligence:

Anglicare expects Suppliers to establish a process of continuous due diligence in relation to ensuring compliance with the Principles. This process should cover off on measures to be taken to identify the risk of slavery or human trafficking in their places of employment and/ supply chains or the risk that they might contribute to slavery or human trafficking through their Suppliers’ operations, products or services.

Practicing due diligence should, as a minimum, include the following elements:

• Identification: Firstly, using the Principles as a benchmark, conduct an assessment of the risks of slave labour or human trafficking been utilised or occurring within the Supplier’s own places of employment or supply channels on a regular basis.
• Prevention and mitigation: If potential or actual usage of slave labour or human trafficking is identified, Suppliers must effectively integrate their findings across relevant internal functions and processes, and take appropriate action. This includes ensuring that slavery or human trafficking is prevented and eliminated where it exists or at the very least taking appropriate action to mitigate against its occurrence.
• Accounting: The process of addressing how slavery and human trafficking is removed or what actions are taken to reduce its occurrence must be closely tracked. Suppliers are expected to account for how they address their findings and actions to relevant stakeholders including Anglicare. 

3. Remediation:

If a Supplier discovers or is informed that its practices cause or contribute to slavery or human trafficking in its supply chains or place of work, the Supplier shall take action to bring these practices to an end. If the Supplier did not cause or contribute to the incidences of slavery and human trafficking, but is directly linked through its business practices to the responsible entity, the Supplier commits to using its leverage to make the responsible entity stop the infringing practices and implement measures to prevent slavery or human trafficking from occurring in the future.

Suppliers have an explicit responsibility to provide remediation to victims of slavery or human trafficking. Anglicare expects Suppliers to provide for or cooperate in their remediation through legitimate and lawful processes. 

To make it possible for such issues to be addressed early and remediated directly, Suppliers must establish or participate in effective operational-level or sector-based grievance mechanisms accessible for other business enterprises, individuals and communities, who may be adversely impacted or otherwise have identified adverse impacts. 

Grievance mechanisms should have the following characteristics:

• Accessible: It should be known to all intended users (such as employees and the local community) and provide adequate assistance for those who may face particular barriers to access;
• Predictable: It should provide a clear and known timeframe, clarity on the types of process and outcome available, as well as means of monitoring implementation;
• Equitable: It should provide reasonable access to sources of information, advice and expertise necessary to engage in the process on fair, informed and respectful terms;
• Transparent: It should keep parties informed about progress, and provide sufficient information about its performance to build confidence in its effectiveness and meet public interest at stake;
  
  

III. Principles of the Code of Practice

A Suppliers’ policy statement, due diligence and remediation processes should implement compliance with the Principles, which are:

1. Forced or Involuntary labour

Workers shall not be subject to any form of forced, compulsory, bonded, indentured or prison labour. All work must be voluntary, and workers shall have the freedom to terminate their employment at any time without penalty, given notice of reasonable length.

2. Workplace equality

All workers, irrespective of their nationality or legal status, shall be treated fairly and equally. Migrant workers shall benefit from conditions of work (including but not limited to wages, benefits, and accommodations) no less favourable than those available to country nationals. Migrant workers (or their family members) shall not be threatened with denunciation to authorities to coerce them into taking up or maintaining employment.

3. Recruitment Fees

Workers shall not be charged any fees or costs for recruitment, directly or indirectly, in whole or in part, including costs associated with travel, processing official documents and work visas in both home and host countries.

4. Wages and Benefits

All workers shall be paid at least the minimum wage required by applicable laws, and shall be afforded all legally mandated benefits. Wage payments shall be made at regular intervals and directly to workers, in accordance with national laws, and shall not be delayed, deferred, or withheld. Clear and transparent information shall be provided to workers about hours worked, rates of pay, and the calculation of legal deductions. All workers must retain full and complete control over their earnings. Wage deductions must not be used as a disciplinary measure, or to keep workers tied to the employer or to their jobs. Workers shall not be held in debt bondage or forced to work in order to pay off a debt. Deception in wage commitments, payment, advances, and loans is prohibited.

5. Document retention

Confiscating or withholding worker identity documents or other valuable items, including work permits and travel documentation (e.g. passports) is strictly prohibited. The retention of personal documents shall not be used as a means to bind workers to employment or to restrict their freedom of movement.

6. Working Hours

Workers shall not be forced to work in excess of the number of hours permitted in national law. Where the law is silent, normal working hours shall not exceed eight per day and forty-eight per week, and total working hours including overtime shall not exceed sixty. No worker shall be made to work overtime under the threat of penalty, dismissal, or denunciation to authorities. No worker shall be made to work overtime as a disciplinary measure, or for failure to meet production quotas.

7. Contracts of Employment

Written contracts of employment shall be provided to migrant workers in a language they understand, clearly indicating their rights and responsibilities with regard to wages, working hours and other working and employment conditions, consistent with requirements in national laws and industrial instruments. Migrant workers shall be provided with their employment contract prior to deployment. Supplemental agreements and the practice of contract substitution (the replacement of an original contract or any of its provisions with those that are less favourable) is not to occur.

8. Freedom of Movement and Personal Freedom

Workers’ freedom of movement shall not be unreasonably restricted. Workers shall not be physically confined to the workplace or related premises, such as employer- or recruiter operated residences; nor shall any other coercive means be used to restrict workers’ freedom of movement or personal freedom. Mandatory residence in employer-operated facilities shall not be made a condition of employment.

9.Health and safety

The workplace shall be safe and healthy to minimise accidents and injury to health from occurring.

Companies shall comply with all applicable laws and regulations concerning fire codes and standards and ensure all applicable fire equipment is properly maintained.

10. Grievance Procedure

An effective grievance procedure shall be established to ensure that any worker, acting individually or with other workers, can submit a grievance without suffering any prejudice or retaliation of any kind.

11. Humane treatment

The workplace shall be free of any form of harsh or inhumane treatment. Disciplinary policies and procedures shall be clearly defined and communicated to all workers, and shall not include any inhumane disciplinary measure, including any corporal punishment, mental or physical coercion, or verbal abuse of workers; nor shall they include sanctions that result in wage deductions, reductions in benefits, or compulsory labour. The use or threat of physical or sexual violence, harassment and intimidation against a worker, his or her family, or close associates, is strictly prohibited.

12. Private employment and Labour recruiters

When the subcontracting of recruitment and hiring is necessary, companies shall ensure that the labour agencies they engage operate legally, are certified or licensed by the competent authority, and do not engage in fraudulent behaviour that places workers at risk of forced labour or trafficking for labour exploitation.

Suppliers should establish processes that facilitate the means of minimising breaches of the Principles in its places of employment and in its own Supply chains. 

IV. Implementation of the Code of Practice

Records and Documentation

Suppliers should establish processes that facilitate the means of minimising breaches of the Principles in its places of employment and in its own Supply chains.  

Definition of Roles and Responsibilities

Suppliers must assign responsibility within their organisation for the implementation of and compliance with the Code, including the Principles and of providing the necessary certification.

Scope of Application

The requirements of this Code extend to all Supplier’s Suppliers and their workers and to workers who are engaged informally, on short-term contracts, or on a part-time basis.

Suppliers are responsible for ensuring that their business relationships including their sub-contractors also have adequate processes to manage implementation and ongoing compliance with the Code.

Continuous collaboration

Anglicare may monitor the operations of Suppliers with the purpose of gaining insight into how Suppliers manage their implementation of the Principles.

Anglicare expects its Suppliers to certify in writing their compliance with the requirements contained in this Code at least once a year or as part of the contract. Suppliers are expected at any point to willingly cooperate in answering further questions, self-assessments and if deemed necessary cooperate with Anglicare in improving systems to minimise slavery and human trafficking.

Suppliers shall accommodate visits from Anglicare or their agents. This includes providing physical access to any representative from Anglicare or representative assigned by our company. Anglicare reserves the right to let an independent third party of its choice make on-site inspections to verify compliance with the requirements of this Code.

Where instances of non-compliance are detected because of Supplier visits, by Anglicare or a third party, Suppliers will be given a fixed period to self-correct the deficiency. In the event of failure to self-correct a problem, Anglicare is willing to engage in a constructive dialogue with Suppliers to develop and implement action plans, with appropriate time scales for implementation and improvements to be achieved. Agreement to abide by action plans allows for continuation of a business relationship, as long as Anglicare finds that Suppliers are implementing the plan in good faith. In the event of repeated and serious breaches of the requirements of this Code, Anglicare reserves the right to cease business relationships with its Suppliers and possibly cancel any production or delivery in progress.

Related documents:

• Anglicare Ethical Purchasing Policy.
• Anglicare form of self-certification as to compliance with Supplier’s Code of Practice.
  
  

Appendix B - Supplier self-certification

(Applicable to Suppliers with more than $100M annual turnover).

In compliance with the Modern Slavery Act 2018

*Company Name: “…”

Goods or services supplied: “…”

Anglicare location supplied to: “…”

On behalf of “…”, I / we confirm that “…” has issued a modern slavery statement in compliance with Modern Slavery Act 2018 and remains committed to ensuring that slavery and human trafficking is not taking place in any of its supply chains or in any part of its business.

1. Does your Company have a modern slavery statement which complies with the Modern Slavery Act 2018?

If the answer is ‘Yes’, please provide a copy to Anglicare. If the answer is ‘No’, please inform Anglicare of the expected timeframe for the introduction of this policy.

Yes /  No

2. If your Company uses sub-contractors, does it check whether any of these companies have Anti-slavery statements which are actively promoted and adhered to within that company?

Yes /  No

3. If the answer to 1 above was ‘Yes’, does your Company operate a whistle blowing process, which enables the reporting of any breach or suspected breach of your Company’s Anti-Slavery statement?

Yes /  No

4. If the answer to 2 above was ’Yes’, do your Company’s subcontractors operate a whistle blowing process, which enables the reporting of any breach or suspected breach of that subcontractor’s Anti-Slavery statement?

If the answer is ‘No’ or ‘Not aware’ what are your Company’s intentions with respect to determining, whether it will require its subcontractors to have such a process?

Yes /  No

5. Are there consequences if your Company’s subcontractors are found not to be compliant with your Company’s Anti-Slavery statement?

If the answer is ‘Yes’, please detail these consequences on a separate attached page.

Yes /  No

6. Does your Company require its Suppliers to certify that all materials incorporated into your Company’s final product were sourced, processed and manufactured in compliance with the anti-human trafficking and anti-slavery laws of the country or countries in which they operate?

If the answer is ‘Yes’ please explain on a separate attached page whether this certification is ever checked and the consequences if the certification is found to be incorrect

Yes /  No /  NA

7. Does your Company:

i. pay its employees at least, the legal minimum wage?

ii. provide its employees with a written record of their wages each pay period indicating the employee’s compensation and any deductions?

Yes /  No

8. Does your Company maintain a working environment that is sanitary, safe, healthy and in compliance with applicable laws and regulations relating to working conditions?

Yes/  No

Signed:                                                                                 Name:

Title:                                                                                     Dated:

Notes

* If the Supplier is an individual or partnership please complete this self-assessment as though the words “Your Company” refer to ‘You’ or ‘Your’.

** as proof of a Supplier’s commitment to Anglicare’s Ethical Purchasing Policy, Anglicare requires that this form and all required supporting information is completed and provided to Anglicare Procurement – procurement@anglicare.org.au.