[2021] FWC 3958
FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS


Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020
(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – application to vary an award

[1] On 16 December 2020, the Australian Workers’ Union (AWU) made an application to vary the Horticulture Award 2020 (the Horticulture Award).

[2] In a Statement 1 published on 2 July 2021, parties were directed to file a short written submission indicating:

  any opposition to the UWU’s application for a confidentiality order

  any opposition to the AWU’s applications for orders to produce, and

  which witnesses would be required for cross-examination, how long the cross-examination of each witness was expected to take, and any witness availability issues.

[3] In response to the 2 July Statement the Commission received short written submissions from the following interested parties:

  Ai Group

  Australian Fresh Produce Alliance (AFPA)

  AWU

  National Farmers Federation (NFF)

  United Workers’ Union (UWU)

[4] A mention was held on 7 July 2021, the purpose of which was to discuss the scheduling of witness evidence and the other matters raised in the 2 July Statement.

[5] The following interested parties appeared at the mention on 7 July 2021:

  Ai Group

  AFPA

  AWU

  NFF

  UWU

[6] The transcript of the mention is available here.

[7] No party contested the UWU’s application for a confidentiality order or the AWU’s applications for orders to produce.

[8] The application for a confidentiality order in respect of ‘Witness 1’ is granted. A copy of the order is attached at Attachment A to this Statement.

[9] The applications for orders to produce are granted. The documents in response to these orders are to be filed with the Commission and provided to the AWU and UWU legal representatives by no later than 9:30am on Wednesday, 14 July 2021. A copy of each of the orders to produce are attached at Attachment B.

[10] A proposed timetable for the hearing of oral evidence is attached to this statement at Attachment C (Proposed Timetable). The following witnesses have not been requested for cross-examination and hence are not mentioned in the Proposed Timetable:

  Niko Karhu, and

  Rodney McDonald

[11] The witness statements in respect of these witnesses may be tendered from the bar table.

[12] As advised at the Mention, the Commission has published the following documents prepared by the staff of the Commission:

  Information Note Piecework

  Information Note Agriculture, forestry and fishing

  Research reference list

[13] It is anticipated that a summary of submissions filed to date will be published in the week commencing 19 July 2021.

[14] An electronic court book has been prepared and will be published later this week.

[15] The following directions are made:

1. In accordance with the Proposed Timetable, the hearing listed for Wednesday, 14 July 2021 is vacated.

2. Interested parties are to provide any comments on the Proposed Timetable by no later than 4.00pm, Friday 9 July 2021.

3. Any objections to any of the witness statements filed in the proceeding are to be lodged by no later than 4.00pm, Friday 9 July 2021. Each objection should identify the witness, the paragraph(s) the subject of the objection, and a brief description of the nature of the objection.

4. The parties are encouraged to discuss potential objections to the evidence and endeavour to reach agreement on the manner in which any contested issues are to be addressed. Any agreement is to be filed by 4.00pm on Friday 9 July 2021. In the event that the parties are unable to reach an agreement as to any objections to the evidence the Full Bench will convene a hearing at 4.30pm on Monday 12 July 2021 to hear and determine any disputed issues.

5. The Hearings listed for 13, 15 and 16 July will be conducted via Microsoft Teams. During the course of the Mention the NFF advised that some witnesses may have poor internet connection. The NFF and any other party who anticipates some witnesses may have difficulty utilising Microsoft Teams are to notify Chambers at chambers.ross.j@fwc.gov.au by no later than 4.00pm, Friday 9 July 2021. Witnesses with internet problems will be dialled into the proceedings via telephone. A Notice of Listing containing further details shall be issued in due course.

6. Closing written submissions from all interested parties are to be filed by no later than 4.00pm 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 issues arising in respect of the information statements, research reference list and submissions summary published by the Commission.

7. The matter will be listed 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.

[16] If any of the matters in the Statement require any clarification the matter can be the subject of a further mention.

[17] 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

<PR731431>

ATTACHMENT A – CONFIDENTIALITY ORDER


PR731435
FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – application to vary an award – confidentiality order – Witness 1

Pursuant to s.594 of the Fair Work Act 2009 (Cth), it is ordered that:

  The name and address of the person who is described as Witness 1 in the witness statement filed by the United Workers’ Union on 19 March 2021 in this proceeding (the Confidential Information) are to be kept confidential and no person shall publish or otherwise disclose the Confidential Information.

  No person shall be permitted to access any document which contains the Confidential Information, or any document from which the Confidential Information may be discovered, on the file of the Fair Work Commission (Commission) in this proceeding.

  Any part of the hearing of this proceeding in which Witness 1 is required to give evidence will be held in private, although a party to this proceeding will not be excluded from the hearing.

  Any transcript of this proceeding must not be published to the extent that it records the Confidential Information.

  Any decision of the Commission in this proceeding will not record the Confidential Information.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT B – ORDERS TO PRODUCE

PR731437

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Matthew Bentham

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Matthew Bentham provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick citrus fruits on the farms operated by Top Citrus in Gayndah for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick citrus fruits on the farms operated by Top Citrus in Gayndah for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick citrus fruits on the farms operated by Top Citrus in Gayndah for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick citrus fruits on the farms operated by Top Citrus in Gayndah during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731438

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Reginald Brown

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Reginald Brown provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples, pears or cherries at Sassafras Orchards for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples, pears or cherries at Sassafras Orchards for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples, pears or cherries at Sassafras Orchards for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples, pears or cherries at Sassafras Orchards during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731439

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Michelle Distill

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Ms Michell Distill provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples on the farm operated by Ms Distill in Spreyton for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples on the farm operated by Ms Distill in Spreyton for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples on the farm operated by Ms Distill in Spreyton for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples on the farm operated by Ms Distill in Spreyton during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731441

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Leleiga Fetui

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Leleiga Fetui provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for work performed by Leleiga Fetui at Silver Orchards from 4 October 2020 to 2 May 2021.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731442

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Gaetano Gaeta

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Gaetano Gaeta provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick cherries or apples on the farm operated by Mr Gaeta in Orange for the month of December 2020.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick cherries or apples on the farm operated by Mr Gaeta in Orange for the month of December 2020.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick cherries or apples on the farm operated by Mr Gaeta in Orange for the month of December 2020.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick cherries or apples on the farm operated by Mr Gaeta in Orange during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731443

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Anthony Kelly

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Anthony Kelly provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples or berries for N & A Group at its Batlow farms for the month of March 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples or berries for N & A Group at its Batlow farms for the month of March 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples or berries for N & A Group at its Batlow farms for the month of March 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples or berries for N & A Group at its Batlow farms during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731444

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009 s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Brent McClintock

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Brent McClintock provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples for Pinnacle Fine Foods at its Tamar Valley farms for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples for Pinnacle Fine Foods at its Tamar Valley farms for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples for Pinnacle Fine Foods at its Tamar Valley farms for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples for Pinnacle Fine Foods at its Tamar Valley farms during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731446

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Jonathan Moss

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Jonathan Moss provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to do ‘tree work’ for Mossmont Nurseries at Warburn for the month of February 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to do ‘tree work’ for Mossmont Nurseries at Warburn for the month of February 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to do ‘tree work’ for Mossmont Nurseries at Warburn for the month of February 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to do ‘tree work’ for Mossmont Nurseries at Warburn during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731447

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Anne Reardon

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Ms Anne Reardon provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples or cherries on the farm operated by AM & AK Reardon in the Huon Valley for the month of February 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples or cherries on the farm operated by AM & AK Reardon in the Huon Valley for the month of February 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples or cherries on the farm operated by AM & AK Reardon in the Huon Valley for the month of February 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples or cherries on the farm operated by AM & AK Reardon in the Huon Valley during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731448

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Han Shiong Siah

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Han Shiong Siah provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick mangoes for Tropical Primary Products at its Lambells Lagoon farms for the month of October 2020.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick mangoes for Tropical Primary Products at its Lambells Lagoon farms for the month of October 2020.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick mangoes for Tropical Primary Products at its Lambells Lagoon farms for the month of October 2020.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick mangoes for Tropical Primary Products at its Lambells Lagoon farms during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731449

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009 s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Catherine Silverstein

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Ms Catherine Silverstein provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples or pears on the farm operated by M and CF Silverstein in the Goulburn Valley for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples or pears on the farm operated by M and CF Silverstein in the Goulburn Valley for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples or pears on the farm operated by M and CF Silverstein in the Goulburn Valley for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples or pears on the farm operated by M and CF Silverstein in the Goulburn Valley during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731450

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Glenn Trewin

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Glenn Trewin provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick baby broccoli for Bulmer Farms Pty Ltd at its Lindenow Valley farms for the month of March 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick baby broccoli for Bulmer Farms Pty Ltd at its Lindenow Valley farms for the month of March 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick baby broccoli for Bulmer Farms Pty Ltd at its Lindenow Valley farms for the month of March 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick baby broccoli for Bulmer Farms Pty Ltd at its Lindenow Valley farms during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731452

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009 s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Richard Eckersley

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Richard Eckersley provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick citrus fruits or avocados at Yambellup Estate in Harvey for the month of May 2021.

  Pay slips or other pay records for pieceworkers engaged to pick citrus fruits or avocados at Yambellup Estate in Harvey for the month of May 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick citrus fruits or avocados at Yambellup Estate in Harvey for the month of May 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick citrus fruits or avocados at Yambellup Estate in Harvey for the month of May 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick citrus fruits or avocados at Yambellup Estate in Harvey during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731453

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Peter Cornish

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Peter Cornish provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Copies of the documentary evidence relied upon for the statement: “Tasmanian season fruit pickers consistently earn well above 15% more than the minimum hourly rate.”

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731454

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009 s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Nicholas King

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Nicholas King provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick berries for the Costa Group for the month of May 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick berries for the Costa Group for the month of May 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick berries for the Costa Group for the month of May 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick berries for the Costa Group during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR731456

FAIR WORK COMMISSION
ORDER

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Horticulture Award 2020

(AM2020/104)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 JULY 2021

Horticulture Award 2020 – order to produce – Andrew Griggs

A. Pursuant to s.590(2) of the Fair Work Act 2009, it is ordered that Mr Andrew Griggs provide to the Fair Work Commission (Commission) the following documents, records and other information:

  Pay slips or other pay records for pieceworkers engaged to pick apples for Lucaston Park Orchards for the month of April 2021.

  Any documents recording the hours and/or days of work of pieceworkers engaged to pick apples for Lucaston Park Orchards for the month of April 2021.

  Any documents recording the average hourly earnings of pieceworkers engaged to pick apples for Lucaston Park Orchards for the month of April 2021.

  Any documents recording the assessment or monitoring of piece rates paid to pieceworkers engaged to pick apples for Lucaston Park Orchards during the 2019, 2020 or 2021 financial years.

B. The documents are to be provided by electronic means, sent by email to amod@fwc.gov.au and to the legal representatives of the AWU and UWU by no later than 9.30am, Wednesday 14 July 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT C – PROPOSED TIMETABLE

AM2020/104 – Horticulture Award - Timetable for oral hearing of evidence

Tuesday, 13 July 2021

TIME

WITNESS

9:30 – 10:30

(AWU witnesses)

Anthony Bevan

Darren Cameron

Philip Gourlay

Ron Cowdrey

Shane Roulstone

Steven Carter

Suliman Ali

10:30 – 10:45

Break

10:45 – 11:30

(AWU witnesses)

Chee Sing Ee 2

Hsu 3

Xueliang Wang 4

11:30 – 12:00

(AWU witness)

Thomas Costa

12:00 – 12:30

(UWU witnesses)

Witness 1 5 (evidence is subject of a confidentiality order)

George Robertson

Lachlan Wakefield

12:30 – 2:00

Break

2:00 –

(UWU witness)

Dr Joanna Howe

Wednesday, 14 July 2021

9:30 – Response to Notices to Produce due.

Thursday, 15 July

TIME

WITNESS

11:00 – 12:30

(UWU witness)

Dr Elsa Underhill

12:30 – 1:30

Break

1:30 – 4:30

(NFF witnesses)

Anne Reardon

Anthony Kelly

Ben Rogers

Brent McClintock

Christian Silverstein

Glenn Trewin

Friday, 16 July 2021

TIME

WITNESS

9:30 – 12:00

(NFF witness)

Guy Gaeta

Han Shiong Siah

Jonathan Moss

Leleiga Fetui

Matthew Benham

Michelle Distill

Reginald Brown

Richard Eckersley

12:00 – 12:30

(AFPA witness)

Nicholas King

12:30 – 2:00

Break

2:00 -

(AFPA witness)

Greg Houston

 1   [2021] FWC 3838.

 2   Requires a Mandarin interpreter.

 3  Requires a Mandarin interpreter.

 4   Requires a Mandarin interpreter.

 5   Requires a Malay interpreter.