[2021] FWCFB 4203
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
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 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 Friday30 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

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