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NewsClaim against GECA, Environmental Assurance and Petar Johnson Progress Report 5. Dated 04.05.10 INSTYLE v GOOD ENVIRONMENTAL CHOICE (GECA), ENVIRONMENTAL ASSURANCE AND PETAR JOHNSON We have received many requests for updates as to what is happening in our proceedings against GECA, Environmental Assurance, and Petar Johnson. Unfortunately, the determination of these proceedings will take much longer than we anticipated. Instyle applied to the Federal Court for an order to restrain each of GECA, Environmental Assurance and Petar Johnson from making unfounded claims in the market place about Instyle and its products similar to those made in the market advisories which were widely distributed in late September 2009. As a result of this application, GECA, Environmental Assurance and Petar Johnson have each given undertakings to the Court that they will not publish similar statements about Instyle in the marketplace without first giving Instyle the opportunity to object and if necessary to take action to prevent them or any one of them from doing so. If you become aware of GECA, Environmental Assurance or Petar Johnson making any statements about Instyle or its products, then we ask you to inform us immediately. In the meantime, Instyle will continue to pursue its application to the Federal Court to a conclusion as quickly as possible. Living Ethics magazine is published by the St James Ethics Centre. Established by Michael Fitzsimons in 1987, Instyle Contract Textiles was created with a vision to build an internationally respected textile company. Michael has been a strong supporter of the Centre’s National Small to Medium Enterprise Project. In particular, he has donated his time to participate in focus groups for the Good Business Register and has joined the Centre on panels at conferences. Holistic, practical and no-nonsense are words that describe Instyle’s approach to sustainability, writes Tracy Mak. Textile company Instyle’s sustainability journey began in 2002 at a company conference. Our clients – architects and interior designers – began asking for green furnishing fabrics and our sales team sought to meet this demand. Our Managing Director, Michael Fitzsimons, doesn’t do anything halfheartedly and decided to adopt a ‘whole of company’ approach to sustainability.This decision required significant investment and commitment: a new position had to be created as the company did not have the resources or knowledge required. Like many companies, we started by picking the low hanging fruit. There were no sophisticated technologies, just simple, practical and easy-to-implement initiatives. By using less and recycling, the cost savings were instant. For example, reducing the thickness of our transport packaging achieved cost savings of 20% and sending waste to landfill is two to three times more expensive than recycling. Initially there was some resistance to changing “the way things are done around here”. When we looked at reducing the weight of packaging plastic to reduce the overall impact of our transport packaging, warehouse staff feared this would provide less protection and the fabric could get damaged in transport. This kind of concern was overcome by open communication. For instance in this case, we surveyed our fabric manufacturers about their packaging to find out how we could provide the same level of protection as before but by using plastic that was thinner than our own. We shared this information with the warehouse staff who were then satisified because their priorities could also be met. After discussions with the team – proposing ideas, gaining feedback and addressing any concerns – we could then work towards a solution that met all of our objectives: delivering fabrics safely and reducing our impact at the same time. Plus, we have always had strong leadership. This has resulted in sustainability becoming integrated into the culture of Instyle, where it is everyone’s responsibility to achieve environmental goals. One of our goals was to develop a benchmark sustainable textile collection. It took us two years to research and develop the LIFE Sustainable Textiles® collection. It became the first sustainable textile in Australia to have minimal impact over the whole lifecycle. The fabrics are made locally from locally grown eco-wool (low pesticide wool) and they are recyclable. This was totally different to what our competitors were doing – importing fabrics made from plastic bottle waste which still contained hazardous substances and could not be recycled here in Australia. As a result, LIFE Textiles® has become Instyle’s most successful product range. In 2008 we were presented with an opportunity to further improve LIFE Textiles® when we met with Dr Jim Watts, a former CSIRO scientist who had developed a unique selective breeding system (SRS®) for merino sheep. SRS merino sheep are ‘wrinkle-free’, therefore they are naturally resistant to flystrike and don’t require mulesing*. Soon after that meeting, we visited some SRS farms in Wellington NSW, where through holistic farm management and sheep farming with minimal or zero pesticides, fertilisers and herbicides were regenerating and improving the land. After seeing the difference between adjacent degraded, conventional farmlands, and thriving, holistic farmlands we decided to source wool from non-mulesed sheep raised on holistically-managed farms. We have termed this EthEco® wool, because it combines both ethical and environmental considerations. Consequently, Instyle has won numerous environmental awards such as the United Nations’ World Environment Day Awards and the NSW Government Green Globe Awards. These have lifted our company profile. Instyle has become regarded as a leader in sustainability but only because our efforts are genuine. We are committed to real environmental change that goes beyond our organisation. For several years, we have challenged current industry practices and standards such as the Green Building Council and the Good Environmental Choice Australia (GECA) which reward ‘business as usual’ practices. As a small-to-medium business with a lone voice, it’s been an uphill battle but this has resulted in small signs of improvement within the textiles and building and interiors industries. Going the extra mile requires great commitment. Sustainability has given the company a sense of collective purpose and has made us more passionate in what we do. We have also enjoyed closer relationships with our supply chain and increased customer loyalty. Sustainability is good business practice for the future. References/footnotes: Claim against GECA, Environmental Assurance and Petar Johnson Progress Report 4. Dated 06.10.2009 GECA and Environmental Assurance have made public statements suggesting that Instyle’s claims in its Federal Court case are “misconceived”, and that Instyle’s action in bringing its claims is unlawful. On the last occasion this matter was before the Court on 9 September, 2009, GECA’s, Environmental Assurance’s and Petar Johnson’s barrister made the following statement – "There is no challenge being made to the fact that ... the applicant’s (INSTYLE’s) case meets the threshold of reasonable prospects of success". Instyle will seek to have the case heard by the Court as a matter of urgency.
Claim against GECA, Environmental Assurance and Petar Johnson The other party will thereafter be required to make available for inspection any documents which it has and which fall within any of the listed categories. This is part of a process known as 'discovery'. Instyle has also become aware that GECA disposed of its interest in Environmental Assurance (GECS)
Progress Report 2. Dated 28.08.2009 Instyle filed its claim against GECA, Environmental Assurance and Petar Johnson in the Federal Court of Australia on 25 June 2009 alleging breaches by them of the Trade Practices Act and of the NSW Fair Trading Act. Pursuant to the Federal Court Rules, GECA, Environmental Assurance and Petar Johnson were required to file their defences by 5 August 2009. As at 28 August 2009, GECA, Environmental Assurance and Petar Johnson have still not filed their defences to Instyle's claims. At directions hearings in the Court, GECA, Environmental Assurance and Petar Johnson have applied for and been granted extensions of time within which to file their defences. At the directions hearing on 27 August, 2009, GECA, Environmental Assurance and Petar Johnson applied to the Court to be allowed up until 15 September, 2009 within which to file their defences, and this application was granted. Before the respondents sought this extension, the defence was to have been filed on or before 1 September, 2009. Once GECA, Petar Johnson and Environmental Assurance have filed their defences, the issues which will have to be determined at a hearing will then be known, and the Court will make further directions about what each party then has to do to progress the matter towards the hearing. Instyle is hoping that its claims will progress quickly towards a hearing once the defences have been filed.
Claim against GECA, Environmental Assurance and Petar Johnson Progress Report 1. Dated 25.08.2009 As you know, Instyle filed its claim against GECA, Environmental Assurance and Petar Johnson in the Federal Court of Australia on 25 June 2009 alleging breaches by them of the Trade Practices Act and of the NSW Fair Trading Act. As at 25 August, 2009, GECA, Environmental Assurance and Petar Johnson had still not yet filed their defences to Instyle's claims. At a directions hearing in the Federal Court on 20 August, 2009, GECA, Environmental Assurance and Petar Johnson were directed to file their defences by close of business on 1 September 2009. Once GECA, Petar Johnson and Environmental Assurance have filed their defences, the issues which will have to be determined at a hearing will then be known, and the Court will make further directions about what each party then has to do to progress the matter towards the hearing.
Dated 03.07.09
Basis of Instyle’s Claims The GECA furniture standard clearly states that the fabric used to upholster GECA certified furniture:
Instyle is alleging the Trade Practices Act 1979 and the NSW Fair Trading Act 1987 have been breached:
Further, Instyle is alleging that: Each of GECA and Environmental Assurance control the certification of furniture on a whole of product basis, and Each of GECA, Environmental Assurance and Petar Johnson gain financially from increasing the demand for certification services and the sales of GECA certified product, and that in those circumstances, the making of the alleged false representations by Environmental Assurance and Petar Johnson was unconscionable and constituted a breach by them of the NSW Fair Trading Act 1987. As a consequence of the alleged conduct of each of GECA, Environmental Assurance and Petar Johnson, Instyle alleges that it has suffered substantial losses. Instyle is seeking orders restraining the alleged unlawful conduct, corrective action and public notification, and damages. Background The Green Building Council of Australia administers the ‘Green Star’ rating system, which is an environmental performance rating system for buildings. Governments at all levels and major corporations are increasingly demanding that new and upgraded buildings establish their environmental credentials and achieve a Green Star rating, which is in turn increasing the demand for products which will earn credit points towards that Green Star rating. Office furniture is one of the products which can earn credit points. To earn credit points, the furniture must satisfy one or more of the applicable Green Building Council environmental performance criteria, or alternatively the furniture can be certified on a whole of product basis from a third party recognised by the Green Building Council. The Green Building Council encourages whole of product certification as it is simpler for Green Star assessors and buyers to ascertain their entitlement to Green Star credit points for that furniture. The GBCA’s rating tools automatically award the maximum credit points to furniture which has been certified on a whole of product basis. The only third party recognised by the Green Building Council which can provide this certification for upholstered office furniture is Good Environmental Choice Australia (GECA). GECA publishes standards which set out specific environmental criteria for products to meet. Suppliers of products which comply with an applicable GECA standard are licensed to market those products under the “Good Environmental Choice’ label and more significantly, can market the fact that those products earn the maximum available credit points towards a Green Star rating. Environmental Assurance is contracted by GECA to assess products and verify their compliance with the applicable GECA standard, and to issue environmental product declarations (EPDs) for those products. Each EPD contains a certification of compliance and information about the environmental performance of the certified products. Petar Johnson is a director of GECA, and is the sole director and the holder of a major shareholder interest in Environmental Assurance. Environmental Assurance and Petar Johnson (via his major shareholder interest) respectively receive fees and dividends from the supply of the certification services, and GECA also receives a royalty from the sales of products which have been certified as compliant with an applicable GECA standard. ASIC records show that GECA holds more than 16% of the shares in Environmental Assurance as trustee for an undisclosed beneficiary. Instyle’s Environmental Credentials
Instyle continues to actively lobby the Green Building Council about these matters and has called upon it to immediately suspend the use of the GECA Furniture and Fittings and Textiles standards in its Green Stars Rating Tools. For more information, please contact:
INSTYLE. United Nations’ World Environment Day Awards’ Finalist 2009
Customers can visit online a typical farm where EthEco® wool is grown and see how these farms are managed with minimal environmental impact through INSTYLE’s traceability program FARM TO FABRIC™ - available here: Click here to use your Farm To Fabric™ interactive program. The release of EthEco® wool coincides with the United Nations’ International Year of Natural Fibres and is sourced exclusively for INSTYLE’s benchmark LIFE Sustainable Textiles® collection. The World Environment Day Awards acknowledge local actions to address global environmental issues. This year’s theme, ‘Your Planet Needs You - UNite to Combat Climate Change’ reflects the vital need for nations to work together in combating climate change. Michael Fitzsimons, Managing Director of INSTYLE says, “Holistically-managed farms that focus on 100% groundcover of perennial grasses can help in combating climate change as the perennials absorb carbon dioxide from the atmosphere and emit oxygen”. This is all further proof of INSTYLE’s strong commitment in producing sustainable and ethical textiles. Winners of the 2009 UN Awards will be announced on World Environment Day (5 June) in Melbourne.
New to the Fold' Country Style Magazine May 2009.
Farm To Fabric™ INSTYLE's new traceability program - FARM TO FABRIC™ - allows you to
select a fabric and see how it is made beginning with the farm that
produced the EthEco® wool fibre. To trace your LIFE Textiles® click here
Bruce, Hugh and Geoff Taylor - EthEcoŽ wool growers
Fabric made using wool from a breed of Merino sheep that don’t require mulesing will soon be available, through Australia’s first-ever ethical wool supply agreement for the furnishings industry. Former CSIRO scientist, Dr Jim Watts, developed the Merino breed to have softer, more flexible skin that has less wrinkles and folds, known as SRS® sheep for their Soft-Rolling- Skin. The absence of skin corrugations ensures the animals are not at risk of developing flystrike and therefore do not need to be mulesed like the traditional, more-wrinkled Merino breeds.
Chad Taylor, SRS® Wool Producer, Michael Fitzsimons Managing Director of INSTYLE CONTRACT TEXTILES and exclusive producer of EthEco® furnishing fabrics, and SRS® Sheep Breeding Consultant Dr Jim Watts showing superior quality and staple length of EthEco® wool.
BACKGROUND TO AWARDS Instyle Contract Textiles Pty Ltd is a specialist in the design, marketing and distribution of commercial interior furnishing textiles (for offices, healthcare, hospitality, transport, education, public buildings, etc).
A FEW MORE OF LIFE'S ACHIEVEMENTS INSTYLE CONTRACT TEXTILES is proud to have won three • The Premier's Sustainability Excellence Award,
INSTYLE WINS 3 SUSTAINABILITY GREEN GLOBE AWARDS
Click the image or here to download the pdf. 2007 Sustainability Category - Banksia Awards INSTYLE are finalists in the 2006 Banksia Awards : Sustainability Category Click here to read more about the Banksia Awards... INSTYLE providing LIFE Support for Medecins Sans Frontieres Invitation to work on the US Sustainable Textile Standard. INSTYLE. Our cars are invisible - INSTYLE has signed up with Greenfleet |
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