Further to the Full Bench decision issued by the Fair Work Commission on 9 August 2018 [ FWCFB 4695] 1, the Horticulture Award is varied as follows:
1. By inserting clause 10.4(d) as follows:
(d) A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
2. By updating the table of contents and cross-references accordingly.
2. By inserting clause 10.5 as follows:
10.5 Right to request casual conversion
(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.
(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.
(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.
The Victorian Cherry Association's AGM will be held on Tuesday, 02 October 2018 10.00am at the Horticulture Centre of Excellence, 255 Ferguson Road, Tatura. Registration will open at 9.45am and a payment of $65.00pp is required on the day. AGM Notice and Agenda available below for download.
Registration will now open at 8.30 am on Friday (11 May) and the day will commence at 9.00 am.
Don’t miss out on the opportunity to hear from guest speakers - Bronwyn Koll-YV QFF Co-ordinator with a QFF update, Dugald Close – Ass. Professor in Horticulture discussing his experiences at the Japan Symposium, Tom Eastlake – CGA President, Tim Jones and Martin Sebire talking about their recent trip to Chile and the opportunity to hear from Simon Mandelbaum the Category Manager from Coles Supermarkets.
Book online for the 2018 VCA Season In Review on 11 May 2018 at Yarra Valley Cherres. Program available for download below.......
The transition period for the new Horticulture Code ended on Sunday. This means the new Code is fully in force and will cover most transactions between growers and traders.
Some material is available on the ACCC website which will assist with the transition; below are some of the links that be useful:
- A fact sheet for growers: How the Horticulture Code helps you
- Answers to questions which have been posed by growers and other stakeholders are in the Horticulture Code FAQs.
- Having a Horticulture Produce Agreement is an integral part of compliance with the Code. To make it as straightforward as possible we have produced sample HPAs, depending on whether growers sell their produce to an agent or a merchant (as defined in the Code):
- Sample Horticulture Produce Agreement - Merchant
- Sample Horticulture Produce Agreement – Agent
- Questions relating to packing houses are some of the most frequently raised with the ACCC: We recently sent out a newsletter on this topic. If you would like to receive future newsletters, with the latest news and events relevant to the horticulture sector, please sign up to our Agriculture Information Network.
- While the Code defines horticulture produce as unprocessed fruit, vegetables (including mushrooms and other edible fungi), nuts, herbs and other edible plants, it does not define ‘unprocessed’. The ACCC’s web page provides some clarification, and an example, about how this is defined.
- One of the parts of the Code which is new (i.e. was not in the previous Code) is the obligation to deal in good faith. Our website provides an explanation, and examples, of good faith.
- Traders have to give growers a regular statement about how they dealt with the grower’s produce. The ACCC website has information outlining what these statements need to tell growers.
- The full range of ACCC information is at: Horticulture code guidance materials
Note an online tool is available if you would like to anonymously report an competition or fair trading issue in the agriculture sector.
For more information please contact:
Senior Analyst | Agriculture Unit
Australian Competition & Consumer Commission
Level 17 | 2 Lonsdale Street Melbourne 3000 | http://www.accc.gov.au
T: 03 9290 6975 | F: 03 9663 3699