events 2022

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FGT regional grower forums on Horticulture Award changes

fwc-ruling-2021

When: Tuesday, 9 November 2021 – Thursday, 11 November 2021

In December 2020, the AWU applied to the Fair Work Commission to change the Horticulture Award. These changes included:

  • introduction of provisions requiring employers to keep detailed / accurate records of all hours worked by employees, including piecework employees; and
  • introduction of a floor to pieceworker rates equivalent to ensure they receive at least the minimum casual hourly rate, regardless of productivity.

On 3 November the Full Bench of the Fair Work Commission handed down its draft decision agreeing to the AWU’s request to vary the Horticulture Award in relation to piecework arrangements by introducing a floor equivalent to ensure they receive at least the minimum casual hourly rate, regardless of productivity.

The Commission agreed with the AWU primarily because it judges that the ‘safety net’ provisions contained within the piecework system that the ‘average competent worker’ must earn at least 15% above the hourly rate was not ‘fit for purpose’.

These changes will not remove piece provisions, but will significantly affect when and how businesses in the fruit sector employ and manage workers performing piecework tasks.

This decision came after significant time and financial investment in submissions and hearings by industry led by the two horticulture peak bodies, the National Farmers Federation and the Australian Fresh Produce Alliance in particular. Fruit Growers Tasmania worked to support and inform these submissions and made its own submission to the Commission, as did a number of individual growers.

FGT is responding to the Commission.

The Fair Work Commission’s review process is not yet completed.

FGT is putting together a response to go back to the Fair Work Commission about its proposed changes to the horticulture award. This response is due on Friday, 26 November.

FGT is running a series of regional grower forums this week to hear from growers about proposed changes to piecework provisions in the Horticulture Award.

Each forum will feature an update on the Commission’s findings, the changes being proposed, why they are being proposed. Growers will also be asked to provide advice to guide how FGT responds to the Commission’s proposed amendments, including issues affecting how the industry responds, avenues for appeal, as well as impacts for business and workers.

Information from the forum sessions will help inform what items and issues we go back to the Commission with. 

Come talk to us.

 

Register now

North-West   North region   South region

Forum details:
  • North-West - 3:30pm, Tuesday 9 November 2021 - Spreyton Cidery, Melrose Rd, Spreyton TAS 7310
  • North - 9:30am, Wednesday 10 November 2021 - Tailrace Centre, Waterfront Dr, Riverside TAS 7250
  • South - 10:00am, Thursday 11 November 2021 - R&R Smith Rookwood Coolstore, 455 N Huon Rd, Ranelagh TAS 7109 

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