MODERN SLAVERY POLICY

Effective October 2020

Introduction

IAL conducts the following business activities in Australia:

• the importation and wholesale distribution of trucks and engines through our Dealer and Outlet Network along with their associated parts and accessories;

• advertising and marketing activities designed to promote the retail sale and servicing activities undertaken by our Dealer and Outlet Network in connection with trucks, engines and their associated parts and accessories.

IAL is subject to the Modern Slavery Act and must submit a Modern Slavery Statement to the Minister for Customs, Community Safety and Multicultural Affairs on an annual basis which is to include the following information:

1. a description of IAL;

2. a description of IAL’s structure, operations and supply chains;

3. a description of the risks of Modern Slavery practises in the operations and supply chains of IAL;

4. a description of the actions taken by IAL to assess and address Modern Slavery risks, including due diligence and remediation processes;

5. a description of how IAL assesses the effectiveness of actions set out in the preceding paragraph; and

6. the provision of any other relevant information to the Minister.

Each Modern Slavery Statement submitted by IAL will be publicly accessible.

Purpose

IAL adopts this Policy in order to minimise as far as is reasonably practicable, the Modern Slavery risks in the supply chains connected with IAL.  Additionally, IAL will comply with this Policy in order to ensure it meets its obligations under the Modern Slavery Act.

Additionally, this Policy sets out the ways in which Modern Slavery concerns can be reported to IAL.

What is Modern Slavery?

Modern Slavery is defined under the Modern Slavery Act to be the following eight types of serious exploitation[1]:

• Trafficking in persons or organs, and harbouring victims of human trafficking:

Human trafficking is defined as the movement of a person into, out of, or within Australia through the use of coercion, threats or deception for certain exploitive end purposes.  These exploitive end purposes are slavery, servitude, forced labour, forced marriage and debt bondage.

• Slavery:

An umbrella term that seeks to bring together the variety of situations in which a person is forcibly or subtly controlled by an individual or a group for the purpose of exploitation.

• Servitude:

Where the victim does not consider themselves free to cease their labour or services or to leave their place of work because of the use of coercion, threats or deception.  This can include “serfdom” where the victim is bound to live and provide labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change their status.

• Forced marriage:

When the victim is married without freely and fully consenting because they have been coerced, threatened or deceived or because they are incapable of understanding the nature and effect of a marriage ceremony.  This can include the following:

1. A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or

2. The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or

3. A woman on the death of her husband is liable to be inherited by another person.

• Forced labour

Where the victim provides their labour involuntarily under threat of coercion, threats or deception.

• Debt bondage

Occurs when the victim pledges their services or the services of a third person as security for a real or purported debt where this debt is: manifestly excessive; or the reasonable value of their services is applied to the debt; or the length and nature of their services are not limited or defined.

• Deceptive recruiting for labour or services:

• Child labour involving slavery or slavery-like practises or hazardous work:

Involving work that is mentally, physically, socially or morally dangerous and harmful to children; and interferes with their schooling by depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.  In its most extreme forms, child labour involves children being enslaved, separated from their families, exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities.

Modern Slavery can be distinguished from other forms of unlawful conduct relating to work or working conditions, including:

• adverse treatment of workers who refuse work;

• failure to pay workers appropriately, or provide workers with minimum non-monetary entitlements, such as meal and rest breaks;

• requiring workers to work excessive hours; and

• providing an unsafe workplace.

With over 40 million victims of Modern Slavery in the world, IAL recognises the widespread problem of Modern Slavery and is committed to taking measures to minimise the risks of Modern Slavery in connection with its supply chains.

Measures taken by IAL to minimise Modern Slavery risks

IAL takes the following measures to limit Modern Slavery risks in the supply chains of which it forms part:

• the formation of a Modern Slavery Taskforce reporting through to the Risk Audit and Compliance Committee which in turn reports quarterly to the Board;

• documenting the key supply chains of which IAL forms part of, including the countries and industries involved in these supply chains;

• understanding where Modern Slavery risks exist in IAL’s supply chains, and the nature of such risks;

• surveying and grading key suppliers in relation to the Modern Slavery risks they present, including during the supplier onboarding process;

• ensuring contracts with key suppliers include provisions which obligate those suppliers to conduct their operations in a way which minimises the Modern Slavery risks in their relevant supply chain;

• adopting a policy on Modern Slavery which sets out IAL’s position on Modern Slavery and its approach to limiting the risks of Modern Slavery (being this Policy);

• developing and delivering suitable ifnormation for its staff and suppliers in relation to Modern Slavery;

• preparing a Modern Slavery Statement on an annual basis in compliance with the Modern Slavery Act; and

• seeking to continuously improve on the measures we take in order to minimise the risks of Modern Slavery, including via an annual review of the effectiveness of such measures, which is undertaken by IAL’s Modern Slavery taskforce.

• Modern Slavery Employment Practices

IAL respects ethical labour practices and values and promotes diversity. Consistent with these principles, IAL seeks to exclude any form of modern slavery in its operations or supply chain. Modern slavery encompasses servitude, forced labour, debt bondage and human trafficking.

All employees, contractors and sub-contractors must not engage in any practices of modern slavery or human trafficking. This includes:

• Using deceptive or coercive practices during recruitment or employment, such as making material misrepresentations about the key terms and conditions of employment;

• Procuring commercial sex acts;

• Destroying, concealing, confiscating or otherwise denying access to any employee’s identity or immigration documents (for example passports or drivers’ licenses);

• Providing or arranging housing that fails to meet host country housing and safety standards;

• Employing any child under the age of 15;

• Using forced labour in the performance of any contract;

• Failing to provide an employee contract, recruitment agreement or other required work document in writing (where one is required by law);

• Using recruiters or suppliers that do not comply with local labour laws; and

• Charging employees recruitment fees.

• Modern Slavery Concerns

IAL encourages its staff, contractors, suppliers and customers to report any instances of Modern Slavery, or suspected instances of Modern Slavery.  Where it involves IAL or IAL’s suppliers or supply chain, such reports can be submitted to IAL.  Additionally, should you have any requests, queries, comments or complaints in relation to this Policy, or IAL’s compliance with the Modern Slavery Act, please contact us at your earliest convenience as follows:

Telephone	(03) 9644 6666
Email	legal@IAL.net.au
Post	Legal IAL Australia Limited PO Box 328 Altona North  VIC  3025

We will endeavour to respond to you within 14 days. 

Modern Slavery concerns can be reported to the Australian Federal Police on 131 237.  IAL encourages you to report such concerns, whether or not you report them to IAL.

If you know or suspect someone is in immediate danger, please immediately contact the police on 000 to make an appropriate report.

• Interaction with IAL’s Whistleblower Protection Policy

IAL has adopted a Whistleblower Protection Policy which applies to all IAL employees officers and IAL Dealers.  Such persons are entitled to make a protected disclosure where an IAL officer, employee, contractor, supplier, tenderer or other person who has had business dealings with IAL has engaged in, or is suspected to have caused, contributed or permitted to continue, Modern Slavery practises. 

• Changes to this Policy

We may amend and update this Policy from time to time.  Any amended or updated Policy will become effective immediately upon its publication on our intranet, located at <www.IAL.com.au/#>.

• Defined terms

For ease of comprehension, we use defined terms throughout this Policy.  All defined terms are set out as follows:

Dealer and Outlet Network means IAL’s network of dealers and outlets which are involved in the provision and sale of the IAL Offerings, some of which are franchisees of IAL and all of which are separate legal entities and are located in Australia.

IAL, we, us and our means IAL Australia Limited (ACN 006 962 572 / ABN 97 006 962 572).

IAL Offerings means IAL vehicles, IAL engines, vehicle and engine maintenance and repair services, vehicle and engine parts and accessories and any other services (such as telematics services) which are offered for sale from time to time.

Modern Slavery has the meaning as set out in clause 3 of this Policy.

Modern Slavery Act means the Modern Slavery Act 2018 (Cth).

Modern Slavery Statement means a statement prepared by IAL in accordance with section 13 of the Modern Slavery Act.

Policy means this Modern Slavery Policy as amended and updated from time to time.

 

[1]https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/ModernSlavery/Final_report/section?id=committees/reportjnt/024102/25035