The Fair Work Commission (FWC) recent decisions on future of causal and part-time employment conditions will have a direct impact on 88 modern awards, including the Horticulture Award 2010. While these changes have not yet come into place they will have direct and lasting implications for both employers and employees within the horticulture sector.
The major change handed down by FWC is that casual workers who have worked for an employer for more than 12 months will now be entitled to the right to request that their employment be converted to part time or full time employment.
While this will become will become available for employees, the reality is that with the horticulture sector and given the nature of the work most employees have no desire to trade in their higher hourly rate in favour for more permanent employment.
The union request for a four hour minimum shift for the horticulture sector was rejected by FWC however an investigation into a two hour minimum shift is ongoing with submissions currently being sought.
The FWC made a determination that casuals employed more than 12 hours per day would be entitled to overtime. This potentially has little impact on our sector as the hours tend to be short and intense due to the manual nature of the work.
It was heartening that the FWC acknowledged the realities that accompany the volatile and price taking nature of the horticulture industry by rejecting the union claim for overtime for casuals after they have worked a 38 hour week. FWC investigations continue on whether overtime for casuals who have worked over an average of more than a 38 hour week over a longer time period (i.e. 8 weeks) is appropriate.
Growcom would like to thank the National Farmers’ Federation (NFF), Donna Mogg, Voice of Horticulture (VOH) and the Growcom grower members who appeared as witnesses before the Commission to represent the position and interests of our sector.
