[2021] FWC 1213
1
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 Statement1 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
1 [2021] FWC 952
STATEMENT AND DIRECTIONS
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/pdf/2021fwc952.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-corr-awu-040321.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-corr-awu-17022021.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-dir-181220.pdf
https://www.fwc.gov.au/awards-and-agreements/awards/award-modernisation/variation-applications/AM2020/104?type=variation
https://www.fwc.gov.au/documents/awardmod/variations/2020/am2020104-application-awu-151220.pdf
[2021] FWC 1213
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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 amod@fwc.gov.au.
PRESIDENT
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mailto:amod@fwc.gov.au
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[2021] FWC 1213
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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) commencing at 9:30am.
6. Submissions to be filed in both Word and PDF formats to amod@fwc.gov.au.
7. The parties are granted liberty to apply to vary the above directions.
PRESIDENT
* AUSTRALIA FairWork Commission
mailto:amod@fwc.gov.au
