Bell Solar Pty Ltd

Name of Corporation

Bell Solar Pty Ltd

Business Type

Retail supply and installation of solar systems

Trading address

65 Doody Street

Alexandria NSW 2015

Nature of Offence or Unfair Conduct

Misleading the public as to the nature of the services provided

Summary of Undertakings given in the Deed

Nominated Supervisor

Within 30 days from the Commencement date, Bell Solar will to nominate in writing to Fair Trading at least three suitably qualified persons to be nominated supervisors for the electrical installation work performed by Bell Solar, one of which will be a dual nomination application for a person employed by a related company.

• All nominated supervisors are to be directly employed by Bell at least on a part time basis and Bell will provide evidence of direct employment of those persons by Bell.
• For a period of 3 years from the Commencement Date, Bell Solar undertakes to provide to Fair Trading on a quarterly basis, by the first business day following each of 31 March, 30 June, 30 September and 31 December, a report detailing each of the installations which have been supervised by each of the nominated supervisors employed by Bell.

Compliance Program

• Bell will, within 3 months from the Commencement Date:
  • appoint a senior employee with suitable qualifications or experience in corporate compliance as Compliance Officer, with responsibility for establishing, maintaining and administering on an on-going basis, a Compliance Policy and a Complaint Management Program consistent with AS ISO 10002-2018, “Quality Management-Customer Satisfaction-Guidelines for Complaint Handling in Organisations”
  • develop a Compliance Policy which is communicated in writing to all employees, subcontractors, servants or agents of Bell or any other persons involved in the business of Bell which contains the following:
    • a statement of Bell’s commitment to comply with the HBA, the ACL, the LRUP, the FTA and all other relevant legislation and any applicable requirements pertaining to the installation of electrical installations;
    • a statement of Bell’s commitment to dealing with consumer complaints in accordance with the standards set out in AS ISO 10002-2018 “Quality Management-Customer Satisfaction-Guidelines for Complaint Handling in Organisations” (together, “the Compliance Policy”);
  • develop and implement a Complaint Management Program consistent with AS ISO 10002-2018, “Customer Satisfaction - Guidelines for Complaint Handling in Organisations” tailored to the circumstances of Bell (“the Complaint Management Program”);
  • develop and prominently publish on any website through which Bell advertises, markets and offers for supply the Services to consumers, a Complaint and Refund Policy and Procedure to deal with consumer complaints and requests for refunds in relation to the Services supplied to consumers by Bell that fully complies with the ACL (“the Refund Policy and Procedure”);
  • prominently publish on any websites operated by Bell now or in the future, advertises, markets and offers for supply the services to consumers, the contact details of Bell, including a registered office address for the receipt of correspondence, an email address for the receipt of email correspondence, the business trading address and a contact telephone number;
  • provide to the Executive Director, Investigations and Enforcement within 4 months from the Commencement Date:
    • Documents evidencing the appointment of a Compliance Officer; and
    • Documents evidencing the Compliance Program, the Complaint Management Program and the Refund Policy and Procedure.

PECUNIARY PENALTY

• Bell undertakes to pay Fair Trading an amount of $35,000 by way of pecuniary penalty for the incorrect nomination of a subcontractor as a nominated supervisor described at [12.c.i] above which was likely to constitute a contravention of section 34 of the ACL by misleading the public as to the nature of the services provided by Bell, which was information that was subsequently recorded on the NSW Fair Trading Contractor & Tradepersons Register. Such payment is payable as follows:
  • $15,000 within 28 days from the date that the NCAT Proceedings are withdrawn, to be paid by direct deposit to a bank and account notified in writing to Bell by the Executive Director; and
  • The remainder payable by direct deposit in sums of $10,000, with the second payment due on 10 January 2022 and the final payment due on 10 February 2022.

Date of Execution of Undertaking

16 December 2021

Expiry of Duration of Undertaking

16 December 2024

Copy of undertaking:

Bell Solar Pty Ltd (PDF)