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A change in direction on fair work commission decision unlikely
Fruit Growers Tasmania | Thursday, 2 December 2021, 10.00am
Fruit Growers Tasmania has filed its response to the Fair Work Commission’s decision to introduce a floor into the piece rate arrangements within the Horticulture Award.
View our November 2021 submission.
After engaging an experienced barrister and a thorough review of the specifics of the Commission’s 176 page decision, and consultation with other employer groups, it became clear that the Commission was not open to consider submissions against the introduction of a minimum floor.
Advice received also indicates the basis for an appeal is not strong, but that avenue cannot be explored further until the Commission’s decision is final.
Accordingly, and in line with the Commission’s decision, our submission focused on the specific application of the floor and revisions to the piece rate arrangements, the application of a minimum hourly rate, and very importantly, the operative date for the decision, which in our view must be no earlier than 1 July 2022.
We made a submission opposing the Australian Workers Union application to the Fair Work Commission in June 2021 and feel the arguments we made in our original submission have not been adequately dealt with. These still underpin our concerns about the provisional decision.
View our original June 2021 submission.
We have also created an overview document that seeks to explain which clauses have been specifically removed through the decision (shown in red and crossed out) and which clauses are new (those highlighted in green).
