The Oilcode dispute resolution scheme applies to disputes arising; where a wholesale supplier fails to supply a declared petroleum product to a customer, between the parties to a fuel re-selling agreement, in relation to any provisions covering terminal gate pricing and related arrangements, or fuel re-selling agreements.

Where a wholesale supplier fails to supply a declared petroleum product it is open to the customer to notify the Dispute Resolution Adviser (DRA) that a dispute exists and ask them to attempt to resolve the dispute. IThe customer must tell the DRA, within a reasonable time, tell them:

• the nature of the complaint
• the parties to the dispute
• the expected effect on you of the disputed conduct
• give the DRA evidence to support the complaint. The DRA may make a non-binding determination about the dispute.

The ACCC recommend that the customer first attempt to resolve the dispute between the parties by themselves. The dispute may have arisen out of a lack of understanding and with discussion with the other party, may easily be clarified and resolved.

If this approach does not lead to resolution, the customer’s next step may be to approach their industry association or dealer council for advice on how to best resolve the dispute. These groups are well placed in the industry and may provide assistance. Following this, the customer may wish to lodge a complaint with the DRA, who is able to assess the dispute and provide a non-binding determination in a timely and cost-effective way.