On 8 June 2023, the OECD Ministerial Council Meeting adopted the 2023 version of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Guidelines). The 2023 OECD Guidelines update the 2011 version of the OECD Guidelines for Multinational Enterprises. The 2023 OECD Guidelines update both the substance of what adhering governments expect of multinational enterprises and the procedures that adhering governments should put in place to implement the OECD Guidelines.
The information below explains how the AusNCP is applying the OECD Guidelines to specific instances following the adoption of the 2023 version of the OECD Guidelines.
Which version of the OECD Guidelines applies to the substance of a complaint?
In assessing the substance of a complaint about the conduct of an enterprise, Independent Examiners will consider the specific circumstances of the complaint when determining which version of the OECD Guidelines apply.
Generally, the AusNCP will assess the allegation with reference to the version of the OECD Guidelines that operated at the time of the alleged conduct.
Here are some examples of how the OECD Guidelines will apply:
- A complaint alleges that an enterprise’s conduct in 2022 did not meet the OECD Guidelines. The Independent Examiner will have regard to the 2011 version of the OECD Guidelines.
- A complaint alleges that an enterprise’s conduct after 8 June 2023 did not meet the OECD Guidelines. The Independent Examiner will have regard to the updated 2023 OECD Guidelines. However, the Independent Examiner may also consider the 2011 version of the OECD Guidelines if, after consultation with the parties, the Independent Examiner considers it appropriate and consistent with the AusNCP complaint procedures to do so.
- A complaint alleges that conduct that occurred before and continued after 8 June 2023 was not compliant with the OECD Guidelines. The Independent Examiner will have regard to both the 2011 and 2023 versions of the OECD Guidelines.
Procedurally, how is the AusNCP handling complaints?
The AusNCP will soon publish updated AusNCP complaint procedures to reflect the 2023 OECD Guidelines.
Until the AusNCP’s updated complaint procedures are published, the AusNCP will continue to manage complaints consistent with the 2022 version of the AusNCP complaint procedures [PDF 2.4MB]. The updated complaint procedures will include a clause on transitional arrangements for ongoing complaints.