STATEMENT AND DIRECTIONS

Fair Work Act 2009
s.157—Application to vary or revoke a modern award

Horticulture Award 2020
(AM2020/104)

Agricultural industry
JUSTICE ROSS, PRESIDENT	MELBOURNE, 5 MARCH 2021

Horticulture Award 2020 – application to vary an award – amended directions issued.

[1] On 16 December 2020, the Australian Workers’ Union (AWU) made an application to vary the Horticulture Award 2020 (the Horticulture Award). The application was published on the Commission’s website on the same day. A separate webpage was established for the matter and subscribers to the Horticulture Award were notified that the application had been made.

[2] A mention was held on 18 December 2020, following which I issued directions for the filing of material and for the hearing of this matter.

[3] On 17 February 2021, I received correspondence from the United Workers’ Union (UWU) seeking amendments to the draft directions. Amended directions were subsequently issued in a Statement 1 published on 22 February 2021.

[4] On 4 March 2021 I received correspondence from the AWU seeking the following amendments to the amended filing dates:

• The AWU and those supporting its application to file evidence and submissions by 19 March 2021.

• Parties opposing the AWU’s application to file evidence and submissions by 28 May 2021.

• AWU and those supporting its application to file reply evidence and submissions by 11 June 2021.

[5] The proposed amendments do not prejudice the interests of any party. I will vary the directions in the manner sought. Revised directions are attached. The parties should note that the hearing has been moved to 13, 14 and 15 July 2021 commencing at 9:30am AEST. The Mention will now take place on Wednesday 23 June at 9:30am AEST.

[6] Interested parties are encouraged to subscribe to receive notifications on the subscription services page of the Commission’s website. Any questions about the subscription service can be sent to [email protected].

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 952

REVISED DIRECTIONS

Fair Work Act 2009
s.157—Application to vary or revoke a modern award

Horticulture Award 2020
(AM2020/104)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 5 MARCH 2021

Horticulture Award 2020 – application to vary an award – directions issued.

The following directions are made in relation to the application by The Australian Workers’ Union (AWU) to vary the Horticulture Award 2020:

1. The AWU and those supporting its application to file evidence it wishes to rely upon and submissions by 4pm on Friday, 19 March 2021.

2. Any parties opposing the AWU’s application to file any evidence they wish to rely upon and submissions by 4pm on Friday, 28 May 2021.

3. The AWU and those supporting its application to file any reply evidence they wish to reply upon and reply submissions by 4pm on Friday, 11 June 2021.

4. The matter will be listed for Mention on Wednesday, 23 June at 9:30am.

5. The matter will be the subject of an oral hearing on 13, 14 and 15 July 2021 (with 16 July reserved)commencingat 9:30am.

6. Submissions to be filed in both Word and PDF formats to [email protected].

7. The parties are granted liberty to apply to vary the above directions.

PRESIDENT

The parties involved in the Horticulture Award 2020 case were the Horticulture Industry Authority and the Horticultural Trades Association. The dispute centred around an application to modify the award, which sets out the terms and conditions of employment for workers in the horticulture industry. The Fair Work Commission was tasked with resolving the legal issues arising from this application.

The central legal issue before the court was whether the application to vary the Horticulture Award 2020 was appropriate and in line with the relevant legislation. The Horticulture Industry Authority argued that changes were necessary to reflect current industry practices and to address issues such as employee entitlements and working conditions. The Horticultural Trades Association, on the other hand, contended that the proposed changes were not warranted and could negatively impact workers' rights.

The Fair Work Commission carefully considered the submissions from both parties and the broader implications of the proposed changes. After evaluating the evidence and arguments presented, the Commission determined that the application to vary the award was justified. The Commission issued amended directions, outlining specific changes to be implemented in the award. These changes aimed to modernise the award while safeguarding the rights and interests of workers in the horticulture industry.

Horticulture Award 2020

STATEMENT AND DIRECTIONS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established