Supplier Code of Conduct
1. Introduction
1.1 Scope and Applicability
Nomad Coffee Group, and its subsidiaries and affiliates (referred to as the “Company” or “NCG”) firmly believe in conducting business with uncompromising ethical standards. We are committed to a culture of compliance grounded in honesty, trust, and personal accountability, this includes, but not exclusive to our commitment to the UN Guiding Principles forBusiness and Human Rights
This Code of Conduct (“Code”) applies to all vendors, suppliers, consultants, contractors, service providers, contract partners, sales representatives, brokers, advisors, joint ventures, their subsidiaries, affiliated companies, subcontractors, or service providers in the supply chain and any other Suppliers of NCG, including their employees, agents, and representatives (“Suppliers”).
All Suppliers must receive a copy of this Code during the registration process and must ensure compliance with this Code throughout the contractual relationship with NCG. The Company requires that all Suppliers review the Code and acknowledge their understanding and adherence in writing at regular interval as a precondition to working with the Company.
1.2 Objective and Purpose
This Code outlines the minimum standards and requirements applicable to all Suppliers. By implementing this Code, NCG strives to minimise business risk within the supply chain,
build closer relationships with our Suppliers, and safeguard future supply. NCG values honest and open communication with Suppliers and believes that transparency is vital to a successful business relationship. If a Suppliers becomes aware of any violations of theCode or suspected violations of law or regulations, the Suppliers should report their concerns via a whistle-blower channel.
In the event of non-compliance with this Code, we require our Suppliers to be committed and genuinely engaged in remedying the non-compliance issues within the schedule set out in the corrective action plan. NCG seeks to continuously improve together with our Suppliers and help them achieve compliance with this Code's provisions. The Company reserves the right to terminate any agreements should a Supplier violate this Code or fail to cooperate with the Company to achieve compliance with this Code.
2. Compliance With Law
Suppliers must comply with all applicable laws and regulations wherever it conducts its business. These include, but are not limited to, rules and regulations related to corporate governance, competition, product safety, product liability, occupational health and safety, human rights, worker rights and conditions, environmental protection, deforestation, biodiversity, waste and wastewater management, protection of intellectual property, protection of individual privacy, and equality at work. Where there are differences between the standards of this Code and national laws, the UN Guiding principles for Business and Human rights, or other applicable standards, Suppliers must adhere to the more stringent requirements
3. Standards and Requirements
3.1 Ethics
(a) Commitment to ethical principles
NCG is committed to conducting its business, in compliance with applicable laws and regulations in the markets in which we operate, in accordance with the highest ethical principles, and with suppliers who have aligned values and a strong commitment to ethical standards.
(b) Conflicts of Interest
Suppliers must avoid any situation or relationship that may involve an inappropriate conflict or the appearance of a conflict with NCG's interests. Suppliers must not offer or provide excessive gifts (cash or gifts in kind above AUD $125.00 in value), hospitality, or entertainment to any employee or family member of employees of the Company, which may be seen as an attempt to influence business decisions. If Company employees and their family members hold any significant economic interest in
any entity that does business with NCG, then Suppliers are required to disclose such relationship without delay. Any relationships or kinship with NCG employees that may constitute a conflict of interest must be disclosed.
(c) Insider Trading
Suppliers must ensure that non-public information obtained in the course of their relationship with the Company is not used for the personal benefit of the Supplier, their employee, or other persons.
(d) Intellectual Property
Suppliers must use Company's trade information, copyrights, and trademarks only in a manner that is permitted under their contracts with NCG and applicable law. Suppliers must not misappropriate or in fringe upon others' trade information, trademarks, or copyrighted works. Suppliers must not misuse trade secrets or proprietary or confidential information of others for their own purposes or disclose such information to unauthorised third parties. Suppliers must notify NCG of any unauthorised use of trade secrets, brands, trademarks, logos, or confidential information by a third party.
(e) Confidentiality
Suppliers must protect NCG's information, not disclose it to any unauthorised third party, and use it only for NCG's business. If any competent regulatory authority, applicable law, regulation, court, or tribunal requires a Supplier to disclose any of the confidential information, then the Supplier must consult and cooperate with the Company to allow to contest the disclosure and then take into account the Company's reasonable requirements about the proposed form, timing, nature and extent of the disclosure.
(f) Fair Competition
Suppliers must not engage in any unethical, unfair, anti-competitive, or illegal business practices that may include but not limited to:
• Stealing proprietary information, possessing trade secret information that was obtained withoutthe owner's consent,or inducing such disclosures by past or present employees of other companies;
• Taking unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other illegal trade practice; or
• Engagement in price-fixing, bid-rigging, allocation of markets or customers, or similar illegal activities.
(g) Honest and Accurate Dealings
Suppliers must not make any false representations in connection with any transaction with the Company, including but not limited to oral misrepresentations of facts, the promotion or utilisation of false documentation such as non-genuine customer purchase orders, fraudulent or forged contracts, forged letters of destruction and/or other false or in accurate records. Suppliers must keep an accurate record and, upon request, provide access to books and records and any other requested documents related to the business with NCG.
(h) Personal Data Protection
Suppliers must collect, use, and process any personal information only for legitimate business purposes and protect it from possible loss, misuse, or disclosure. The Company follows the laws requiring us to protect personal information, and we require all Suppliers to follow applicable laws, NCG policies, and contractual obligations to protect personal data.
(i) Anti-Money-laundering Rules
Suppliers must comply with all applicable anti-money laundering and counter terrorism financing laws and will only accept funds received from legitimate sources.
3.2 Human Rights and Labour Practices
(a) Child Labour/Underage Labour
Suppliers must ensure that no underage or child labour has been employed or used to produce or distribute their goods or services. This means that Suppliers will not employ any person under the minimum employment age according to the country's laws where the facility is located.
(b) Female labour
Suppliers must ensure that female and pregnant employees are given treatment according to all applicable laws and regulations. Suppliers must not lay-off, demote, or reduce benefits as a result of pregnancy of their employees.
(c) Freedom of Association and Collective Bargaining
Suppliers must recognise and respect employees' rights to freedom of association and collective bargaining with the permit of law.
(d) Forced and Compulsory Labour
Suppliers must not use any forced labour, involuntary prison labour, or any other unlawful obligation of workers, any form of slave labour, serfdom, bonded labour, or human trafficking. Suppliers must ensure that employment terms are voluntary, and employees are free to terminate their employment relationship subject to the applicable period of notice. Suppliers will not require any employee to remain in the job for any period against their will or adopt practices that restrict employee’s ability to terminate employment. Any coercive measures such as withholding passports, other identity documents, or work permits are not permitted.
(e) Employment Status
Suppliers must employ workers who are legally authorised to work in their location and facility and are responsible for validating employee’s eligibility to work status through appropriate documentation.
(f) Working Hours and Rest Days
Suppliers must ensure that employee’s working hours, rest days, and overtimes are in compliance with relevant applicable laws and regulations.
(g) Wages and Benefits
Compensation paid to workers must comply with all applicable wage laws, includingthose relating to minimum wages, overtime hours, and legallymandated benefits. The information about remuneration, benefits, and welfare must be providedto every employee in writing and made available in the languageunderstood by all employees.
(h) Non-Discrimination
Suppliers must not discriminate in its hiring and employment practices, includingsalary, benefits, advancement, discipline, termination, or retirement, based onrace, religion, age, nationality, social or ethnic origin,sexual orientation, gender,pregnancy, marital status, political opinion, disability, membership of employee’s association or any
other category protectedby law.
(i) Disciplinary Practices
Suppliers must not engage in or tolerate corporal punishment, mental or physical coercion, or verbal abuse of an employee. Suppliers must not lessen wage as a result of disciplinary measures.
(j) Fair Treatment
Suppliers must be committed to treating all employees with respect and fairness.The processes of recruitment, development, compensation, and promotion must be done with transparency, integrity, and fairness. Employees' voices and feedback must be valued.
(k) Occupational Health and Safety
Suppliers must be committed to maintaining a productive, safe and healthy workplace in compliance with all applicable laws. Suppliers must provide a safe workplace to its personnel. Such measures may include, but not limited to: conducting safety training to minimise the risk of workplace accidents, injuries and exposure to health risks; supply personal protective equipment where needed; set a weight limit for employees’ carrying, lifting, dragging, and pushing of objects; provide drinking water stations, clean restrooms, and medical care; have in place fire and evacuation drill plan, supply fire protection equipment and emergency equipment, fire exits and training to protect employees from a possible fire. Employees must receive appropriate training.
(l) Modern Slavery
As a condition of doing business with Company, Suppliers warrant that:
a. no form of Modern Slavery is used in its business;
b. no form of Modern Slavery is used by its directors, officers, employees, agents,representatives, contractors or subcontractors;
c. it complies with all applicable laws relating to Modern Slavery; and
d. it complies with all applicable reporting requirements relating to Modern Slavery. "Modern Slavery" means:
a. any activity, practice or conduct that would constitute an offence in relation to slavery, forced labour, involuntary servitude, debt bondage, human trafficking or other slavery-like exploitation as prohibited or defined as a modern slavery offence under any applicable law, statute or code from time to time in force including, but not limited to the Criminal Code Act 1995 (Commonwealth of Australia), the Modern Slavery Act 2018 (NSW) and the Criminal Code Act 1995 (Commonwealth of Australia); and
b. any conditions or practices similar to those prohibited or defined under the legislation referred to above.
3.3 Environmental Practices
(a) Environmental Permits,Regulations, and Standards
All required environmental permits and registrations must be obtained,maintained, and kept current.Suppliers must ensure that applicable regulatory and legal requirements are taken into account to establish, implement, and maintain theirenvironmental management system.
(b) Minimisation of Environmental Impact
Suppliers, as part of the Company value chain, should help to mitigate the risk of global warming and climate change by following the 3R approach – Reuse, Reduce and Recycle.The Suppliers should implement measures within their value chain to minimise the negative impact on the environment and communities and conserve and maintain biodiversity where their facilities are located. Such measures may include, but not limited to:
• optimisation of consumption of natural resources, raw materials, water,and energy by improvingefficiency, responsible management of environmental discharges, such as wastewater effluent, greenhouse gas, and air emissions,
• responsible sourcingpractices, and replacement of existing raw materials and products where applicable, with more environmental-friendly options,and
• promotion of environmentally friendlyor green initiatives, including usingrenewable energy, where appropriate, in their value chain.
(c) Carbon Neutrality
TheCompany has committed to Carbon Neutrality within its supply chain by 2050 (Scope 3). To progressively support this, Suppliers are encouraged to:
a. work with the Company to help it implement its sustainability initiatives and achieve its sustainability goals (as set out in the Company’s Sustainability Statement.
b. assess and report annually on the environmental impact of the goods and services it manufactures and/or supplies throughout their life cycle;
c. use material resources responsibly, in order to achieve sustainable development;
d. reduce its carbon emissions progressively and seek to ensure its business is carbon neutral by 2050;
provide the Company with an annual report on its progress in complying with this clause including a report on its carbon emissions for the prior year based on Australian Carbon Accounting Standards or similar.
4. Reporting Violations of the Code
NCG and Suppliers must work together to ensure prompt and consistent action against violations of this Code, and cease of supply should only be the last resort, so as not to increase the likelihood of instances of modern slavery within the effected sector. If a Supplier becomes aware of the potential or actual breach of this Code, the Supplier must notify NCG as soon as they become aware of breaches through our Whistleblower Services Line on 1300 408 955)
5. Compliance with the Code
NCG reserves the right to verify compliance with the principles and requirements outlined in this Code at regular intervals, either itself or through a third party commissioned by the Company. This includes the right to carry out on-site inspections at the Supplier's premises. If requested to do so, the Suppliers must furnish all necessary documents demonstrating compliance with this Code.
If NCG suspects non-compliance with this Code, it reserves the right to request any information about the relevant circumstances, all supporting documentation from theSupplier. The Supplier must provide access to books and records and any other requested documents related to the business with NCG.
If a Supplier violated this Code of Conduct and fails to take appropriate corrective action within a reasonable period of time, NCG reserves the right to take appropriate legal action, in particular, to terminate the contractual relationship with the Supplier immediately without notice.
6. Governance
NCG Compliance Committee is responsible for administering the Code in an independent, objective, and consistent manner. From time to time, this Code may need to be changed to keep up with our values, best practices, improvements, as well as legislation and regulations. Any changes to this Code of Conduct will be communicated to the Suppliers. Any waiver of this Code may be made only by the Compliance Committee and will be promptly disclosed as required by law or regulations.
7. Main List of Suppliers
Condesa Co-Lab
Sucafina Australia Pty Ltd (MTC Group)
H. A Bennett AUD
FTA Food Solutions
Cafe Imports
Caspak Products Pty Ltd
Glamapak
Brewtech
Jet Technologies Australia Pty Ltd
ANZ Credit Cards
New Ground Coffee
La Marzocco Australia Pty Ltd
John Burton Limited
New Zealand Post
Matra Foods
Coffee Caps Pty Ltd
The Packaging Company
Aberdeen Paper Merchants Pty Ltd
Origin Coffee Traders Pty Ltd