[2021] FWCFB 4486 |
FAIR WORK COMMISSION |
STATEMENT |
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, 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:
[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 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 Agriculture, forestry and fishing
[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
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