decision [2024] FWCFB 438
Citation: [2024] FWCFB 438
What happened
The Fair Work Commission (FWC) was reviewing rates in several modern awards, including the Horticulture Award 2020 and Pastoral Award 2020. Following an earlier decision in April 2024, draft determinations were released proposing variations. The Australian Fresh Produce Alliance (AFPA) argued that seasonal workers shouldn't progress beyond Level 1, while the Australian Industry Group (Ai Group) and National Farmers’ Federation (NFF) suggested limitations on experience requirements. The United Workers’ Union (UWU) and Australian Workers’ Union (AWU) opposed these proposals, advocating for recognizing the skills of returning seasonal workers.
What was decided
The FWC rejected the AFPA's primary position that seasonal workers should be excluded from progressing to Level 2. The Commission also dismissed proposals to limit experience requirements to specific crop types or timeframes. The FWC made final determinations for 47 modern awards, correcting minor errors and omissions. Apprentice rates were updated in the Electrical, Electronic and Communications Contracting Award 2020. The Commission emphasized the importance of recognizing the skills and productivity of returning seasonal workers and avoiding unnecessary complexity in the award’s operation.
What it means for employers
Employers should be aware that the Fair Work Commission prioritizes recognizing the skills and experience of returning seasonal workers, even those engaged on temporary or casual terms. Restricting progression based on employment type or timeframe is unlikely to be supported. Award interpretations should consider the 'modern awards objective' and avoid creating unnecessary administrative burdens.
What it means for employees
Employees, particularly those in seasonal or casual roles in the horticulture and pastoral industries, are entitled to progress to higher classifications based on their industry experience, regardless of their employment type. It is important to document and retain evidence of relevant experience to support progression claims.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb438.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →