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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, 16 JULY 2021
Horticulture Award 2020 – application to vary an award
1. Background
[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 of evidence have been held on 13 and 15 July 2021 (transcript
available here and here).
[3] During the course of the hearing on 15 July 2021, a number of administrative issues
were raised by the parties, including availability of witnesses and requests for further
documentation.
[4] The following directions are made:
1. The hearing of evidence of Greg Houston will take place at 9.30AM (AEST),
Tuesday 20 July 2021. A Notice of Listing will be issued shortly.
2. Australian Fresh Produce Alliance (AFPA) is to file and serve a supplementary
statement of Greg Houston by no later than 10PM (AEST), 16 July 2021. The
AFPA is to serve the supplementary statement on each of the AWU and United
Workers’ Union (UWU).
3. Closing written submissions from all interested parties are to be filed by no
later than 4PM on Monday 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
[2021] FWCFB 4203
STATEMENT AND DIRECTIONS
E AUSTRALIA FairWork Commission
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 4203
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issues arising in respect of the information statements, research reference list
and submissions summary published by the Commission.
4. 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.
5. The matter will be listed for hearing on Friday, 30 July 2021 at 9.30am. The
purpose of this hearing will be to provide interested parties with an opportunity
to respond to the closing written submissions filed by other parties.
[5] All materials are to be filed in both Microsoft Word and PDF formats and sent to the
following email address: amod@fwc.gov.au.
[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
Printed by authority of the Commonwealth Government Printer
PR731769
mailto:amod@fwc.gov.au
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