The Federal Court has found that a Perth company breached its obligations under the Water Efficiency Labelling and Standards Act 2005 (WELS Act).
Kaddle Pty Ltd - which trades under business names including Clever Bathrooms, PlumberLink and Faroe Imports - has been ordered to meet the breached obligations under an enforceable undertaking and to pay the court costs of the WELS Regulator.
Kaddle must now conduct an audit of its WELS compliance and institute WELS compliance training for its staff. The company must complete these actions by 28 February 2013.
The national WELS scheme requires suppliers of water using products - such as showers, taps, washing machines and dishwashers - to give consumers important details about the water efficiency of the products so they can make informed decisions about their purchases.
An enforceable undertaking is a mechanism available under the WELS scheme to make sure suppliers comply with the WELS scheme. It is a negotiated outcome used as an alternative to costly and adversarial court proceedings.
The department puts great stock in working cooperatively with suppliers and has found enforceable undertakings to be a successful way to promote the objectives of the WELS scheme.
However, where cooperative arrangements are not appropriate, or they fail, court action is an option available to be used by the Regulator.
Kaddle Pty Ltd voluntarily entered into an enforceable undertaking on 13 October 2011.
The Department of Sustainability, Environment, Water, Population and Communities administers the WELS scheme on behalf of the Commonwealth, states and territories.