1
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Horticulture Award 2020
(AM2020/104)
Agricultural industry
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT CATANZARITI
COMMISSIONER RIORDAN MELBOURNE, 26 JULY 2021
Horticulture Award 2020 – application to vary an award – background paper published –
further directions
[1] On 16 December 2020, the Australian Workers’ Union (AWU) made an application to
vary the Horticulture Award 2020 (the Horticulture Award).
[2] To date, hearings have been held on 13, 15, 16 and 20 July 2021 and the following
transcripts have been published:
Tuesday 13 July 2021
Thursday 15 July 2021
Friday 16 July 2021
Tuesday 20 July 2021
[3] On 22 July 2021, the United Workers’ Union (UWU) filed a Statement of Lyndal
Catherine Ablett.
[4] Any interested party who wished to object to the tendering of Ms Ablett’s Statement,
or wished to cross-examine Ms Ablett, was to inform the President’s Chambers by 4pm on
Monday 26 July 2021. No objections were raised and no party wished to cross examine Ms
Ablett. Ms Ablett’s Statement will be marked ‘Exhibit UWU9’.
[5] In accordance with the directions issued on 16 July 2021,1 closing written submissions
from all interested parties are to be filed by no later than 4pm today, 26 July 2021. The
closing submissions are to set out the findings sought by each party by reference to the
evidence (cross-referencing the witness, exhibit paragraph and transcript); and address any
1 [2021] FWCFB 4203.
[2021] FWCFB 4486
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/200721-am2020104.htm
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/160721-am2020104.htm
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/150721-am2020104.htm
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/130721-am2020104.htm
https://www.fwc.gov.au/documents/awardmod/variations/2020/am2020104-application-awu-151220.pdf
[2021] FWCFB 4486
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issues arising in respect of the Information Notes and research reference list published by the
Commission.
[6] The Commission has previously published the following documents prepared by the
staff of the Commission:
Information Note Piecework
Information Note Agriculture, forestry and fishing
Research reference list
[7] Today, the Commission will publish a Background Paper and two further Information
Notes:
Information Note – Comparison of location data – NFF Survey and ABARES
Information Note – Piece rate data – Anthony Kelly and Brent McClintock
[8] The Background Paper sets out, amongst other things, a summary of the submissions
of the parties to date and poses a number of questions for parties. It does not purport to
summarise the parties’ closing written submissions.
[9] Interested parties are to file a written Aide Memoire by no later than 12noon (AEST),
Thursday 29 July 2021. The intention of the Aide Memoire is to direct the Full Bench to the
evidence upon which the interested party will rely during the course of closing oral
submissions.
[10] The Aide Memoire should also include the party’s short written answers in response to
the questions set out in the Background paper and any comments on the two Information
Notes set out at [7] above. Parties may expand on the Aide Memoire during the course of their
oral submissions at the commencement of the hearing on 30 July 2021.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR732139
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-info-note-piece-rates-230721.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-info-note-comparison-230721.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-background-paper-260721.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-reference-list-070721.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-info-note-070721.pdf
https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/am2020104-background-paper-070721.pdf
