1. Introduction
Peak Energy Group believes that doing business with integrity and responsibility is fundamental to the creation of long-term value for us and for our Business Partners. This entails being a responsible employer, upholding high ethical standards, and acting with care for the societies and environments in which we operate.
In this regard, our Business Partners are essential to our success. We therefore hold ourselves – and our business partners – to the highest standards of integrity and responsibility.
This Code for Business Partners provides the foundation for our continuous engagement with Business Partners. It outlines our expectations regarding legal compliance, respect for labour and human rights, environmental management, and anti-corruption. We expect all Business Partners to comply with this Code for Business Partners throughout the course of our business relationship.
If areas of non-compliance are identified, the relevant Business Partner and member of the Peak Energy Group will collaborate and agree on an action plan of appropriate improvement measures. These will mitigate and remedy the adverse impacts caused by the non-compliance and enable the Business Partner to identify and prevent similar occurrences in the future. We require our Business Partners to engage actively and without reservation in these activities.
We are aware that improving ethical, social and environmental performance requires time and resources. However, if a Business Partner, by intention or negligence, fails to live up to this Code for Business Partners in an explicit and severe manner, or if the Business Partner demonstrates a continual refusal to engage in due diligence activities or lack of commitment to make progress on issues identified during an assessment, the relevant member of the Peak Energy Group reserves the right to immediately terminate their business relationship.
2. Who must follow this Code?
This Code for Business Partners covers Peak Energy Group’s suppliers, contractors, subcontractors, agents, joint venture partners, consultants, and Employees (including permanent, temporary, and agency provided). It also covers all individuals and organisations who have a contractual obligation to comply with this Code for Business Partners.
3. General Expectations
Peak Energy Group is committed to continuous improvement in the four areas identified by the United Nations’ Global Compact, namely: human rights, labour, environment, and anti-corruption. We expect our Business Partners – whether fellow signatories or not – to share the same commitment.
Business Partners are responsible for ensuring compliance with this Code for Business Partners. As such, we recommend Business Partners to embed the content of this Code for Business Partners into their own operations through the introduction of policies, management systems, and grievance mechanisms appropriate to their sector and size.
In addition, Business Partners are expected to apply appropriate due diligence measures to ensure that their employees, subcontractors, or other third parties doing work for or on behalf of Peak Energy Group meet the same high ethical standards required for Business Partners in this Code for Business Partners.
We expect our Business Partners to maintain awareness and comply with all applicable laws and regulations. If any national law or regulation sets higher standards than the Specific Expectations set out below, Business Partners must adhere to the national law or regulation while honouring the principles reflected in the Specific Expectations.
4. Specific Expectations
4.1 Human Rights
We expect our Business Partners to respect human rights and to avoid and address adverse impacts on internationally recognised human rights and labour rights in a manner consistent with the United Nations Guiding Principles on Business and Human Rights. The sections below set out our minimum expectations of Business Partner performance.
4.1.1 Child Labour
All Business Partners must:
- Prohibit the use of child labour;
- Not employ any person at an age:
- Younger than 15 (or 14 where permitted under national law); or
- If the age for completing compulsory education under national law is higher than 15, the age for completing compulsory education;
- Protect young workers of legal working age, up to the age of 18, from any type of employment or work which, by its nature or circumstances in which it is carried out, is likely to jeopardise their health, safety or morals, or interfere with their schooling needs; and
- Act in the best interests of any child found working and take measures to improve that child’s well-being.
4.1.2 Community Relations
All Business Partners must:
- Engage and consult with potentially affected local communities, including indigenous peoples; and
- Avoid causing or contributing to negative impacts on their human rights. This includes impacts on culture, the environment, natural resources, land, infrastructure, and other factors that are important to the fulfilment of human rights for local communities including their health and livelihoods.
4.1.3 Freedom from Discrimination
All Business Partners must treat their employees fairly by providing a workplace free from discrimination in hiring, compensation, access to training, promotion, termination, retirement, working conditions, job assignments, benefits and discipline.
4.1.4 Freedom of Association and the Right to Collective Bargaining
All Business Partners must:
- Respect employees’ and other workers’ rights to join or refrain from joining any lawful workers’ association or collective bargaining association of their choice, or, when restricted, alternative forms of independent and free workers representation; and
- Not discriminate against employees and worker representatives based on their affiliation (or absence of affiliation).
4.1.5 Harassment, Abuse and Disciplinary Measures
All Business Partners must:
- Treat Employees with dignity and respect;
- Prohibit the use of corporal punishment, monetary fines, and any form of coercion, abuse or harassment; and
- Only perform disciplinary actions that have been duly communicated to all employees, provided that any disciplinary action is recorded and acknowledged by the affected employee in writing.
4.1.6 Health and Safety
All Business Partners must:
- Provide safe and healthy work conditions. This includes implementing appropriate precautionary measures to protect employees from work related hazards and anticipated dangers in the workplace;
- Abide by all applicable laws and regulations to prevent accidents and health injuries arising out of, linked with, or occurring in the course of, work or as a result of the operation of employer facilities; and
- Continuously improve working conditions and reduce workplace related risks and hazards. This includes introducing a written safety programme, ensuring management responsibility for health and safety matters, setting targets, and conducting appropriate training.
4.1.7 Hiring Practices and Forced Labour
All Business Partners must:
- Provide all employees with written employment contracts outlining the conditions of employment in a language understood by the employee;
- Implement appropriate measures to prevent direct and indirect involvement in human trafficking;
- Prohibit all forms of forced, bonded or indentured labour, involuntary prison labour. This applies to all workers, whether hired directly by a contractor or recruited through a labour broker;
- Permit employees to terminate employment after reasonable notice; and
- Only retain original identification documents, deposits or financial guarantees or withhold wages, if authorised to do so under a valid contractual agreement.
4.1.8 Modern Slavery and Human Trafficking
We are opposed to slavery, forced labour, and human trafficking in any form. We are committed to ensure that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
According, all Business Partners must:
- Not use or permit any form of forced, bonded, or indentured labour;
- Not unreasonably restrict workers’ freedom to move into, out of, or within working facilities; and
- Take all reasonable steps to ensure that any goods or services procured or otherwise obtained from their upstream suppliers are not manufactured by forced or indentured labour. To this end, suppliers are expected to have procedures of their own (e.g. precertification and prequalification questionnaires, rights of site inspection and audit, and other supplier diligence requirements) to identify, prevent and mitigate occurrences of modern slavery or other human rights abuses.
4.1.9 Remuneration
All Business Partners must:
- Abide by all wage and benefit laws and regulations, including those pertaining to minimum wages, overtime wages, sick leave, piece rates and other elements of compensation;
- Abide by lawful collective agreements on wages and benefits; and
- Issue every employee a wage statement specifying at minimum all hours worked during the relevant pay period and the rate of compensation at the time of wage payment.
4.1.10 Security Arrangements
All Business Partners must safeguard personnel and property in accordance with relevant human rights principles and in a manner that avoids or minimises risk of harm to workers and communities.
4.1.11 Working Hours
All Business Partners must:
- Prevent employees from working more than:
- 60 hours per week including overtime; or
- If the applicable limits on regular and overtime hours set by law or collective agreements is less than 60 hours per week including overtime, then such limit;
- Provide employees with rest breaks in accordance with the applicable law; and
- Provide employees with at least one day off in every consecutive seven-day period.
Employees with unusual working conditions may be exempt from these requirements if covered by specific national or international laws or regulations. However, Business Partners must not require these employees shall not be required on average to work more than 60 hours per week, including overtime, over the course of 12 consecutive weeks.
4.2 Environment
All Business Partners must:
- Carry out operations with care for the environment;
- Comply with all relevant environmental regulations;
- Maintain all applicable licences, registrations or permits;
- Strive to minimise adverse impacts on the environment, human health and livelihoods. This includes establishing control mechanisms to prevent the emission of hazardous substances, waste and effluents, and air pollutants;
- Protect biodiversity;
- Promote the sustainable and efficient use of land, natural resources, and energy;
- Provide access to emergency response in the event of fire, abnormal environmental emissions, and dispersion exceeding air quality criteria; and
- Provide access to immediate measures to protect human health and the environment.
4.3 Anti-corruption
Peak Energy Group prioritises integrity and ethics in all aspects of its activities. We maintain a zero-tolerance policy on bribery and corruption, and require our Business Partners to uphold the same standard. All Business Partners must have adequate procedures in relation to their respective business partners and employees to do so.
All Business Partners are strictly prohibited from engaging in any act of bribery.[1] This includes providing or receiving bribes, attempting to provide or receive bribes, acting as an intermediary for a third party to provide or receive bribes, and otherwise using illegal or improper means to influence the acts of others.
Additionally, Business Partners must avoid any situation where the advantage given may give the impression that they are trying to influence a decision to obtain (or retain) business.
Examples of bribes include:
- Kickbacks where suppliers or service providers pay part of their fees to an individual giving them a contract or business advantage;
- Gifts and excessive entertainment / hospitality / travel and accommodation expenses;
- Cash payments or cash equivalents (e.g. where an employee gives gift cards to an individual or that individual’s associate, friend, or family member);
- Promises of payment;
- Discounts;
- Free access (e.g. tickets, use of facilities including cars);
- Facilitation payments which are made with the purpose of facilitating the performance of a routine and non-discretionary action by a government official; and
- Other “favours” (e.g. where an employee agrees to conduct paid or unpaid internships for the employee’s friend or family member, in exchange for a contract or business advantage with the Business Partner).
All Business Partners must immediately inform us in writing if they or their employees are suspected of breaching anti-bribery and corruption laws, rules and regulations.
