Current Issues

1. Industrial Relations

Horticulture Award 2010 (HIA 2010)

In surprising news handed down just before Christmas the Australian Industrial Relations Commission conceded to the Minister’s request to vary the Award. Preliminary analysis indicates that while some improvements are included many are not.

The rushed announcement and implementation on 1 January 2010 has not at all been helpful to horticultural employers.

In a nutshell *:

• The HIA 2010 took effect from 1 January 2010, except that any increases/decreases to monetary elements do not begin to take effect until 1 July (including increases/decreases to loadings, allowances and penalty rates).

• The National Employment Standards (NES) also took effect from 1 January, including the 38 hour week, and all elements of the NES must be implemented now. If you currently work on a 40 hour week, those additional two hours are now payable at overtime rates unless some arrangement is made.

• Employers will have five years from 1 July to implement the new monetary provisions and can introduce these at the rate of 20 per cent per year up to 2014.

• Employers must provide the Fair Work Information Statement to all new employees.

• The new HIA 2010 must be available and accessible to all staff (e.g. in a lunchroom).

• Employees will be able to request Individual Flexibility Arrangements (IFAs) under the HIA 2010.

• Workplace agreement in place? State and federal employers who have an approved or certified workplace agreement in place (Certified Agreement or Employee Collective Agreement) can continue to operate under those agreements until they expire and/or are terminated. The NES will apply, so that any term in an agreement that provides less than the NES will be void and the NES will apply as a default – this includes the 38 hour week. 

• Awaiting approval of your agreement? If you have negotiated a workplace agreement with your employees and are awaiting approval of certification, you should continue to operate under current provisions.

* Growcom Horticulture Now newsletter 27 January 2010

More information and analysis is available - click here

National education and compliance program starting in February 2010.

The Australian Government Fair Work Ombudsman is gearing up to undertake a national education and compliance program in the horticulture industry. This will include:

• Industry wide mail-out to horticultural employers
• Regional seminars
• Access to materials on FWO website and inrk.gov.au industry websites
• Telephone help on the Fair Work Infoline 13 13 94

From April to May 2010, Fair Work inspectors will target a random sample of employers in the horticultural industry for a compliance audit. They will work with the employer to resolve any issues if required.

Download further information by clicking:

Modern Awards

National Employment Standards (NES)

Australian Industrial Relations Commission (Horticulture Award 2010 - MA000028)

Fact Sheets

Pay, leave and conditions

Full details of the HIA 2010

2. Market Access

Citrus Australia has driven export market access achievements in China, Japan, USA and Korea

Citrus Australia supports USA Export Marketing arrangements.

Citrus Australia steers the Citrus to China committee.

3. AQIS Revise Inspection and Certification Fees for 2009/2010

Following strong feedback and representations from Citrus Australia and other key members of industry on the fees and charges model, AQIS revised their inspection and certification fees for 2009/10.

Increases in the AQIS fees are unavoidable for 2009/10 however a taskforce continues to work on a new model addressing proposing reforms in horticulture export charges and exploring ways in which costs can be reduced.

To view the 2009/10 Fees schedule, please click here

4. Mandatory Horticulture Code Update

Download HAC's submission to the Code Committee for the HAC Steering Committee’s ission).

Further information:

HAC website:    www.hac.org.au

DAFF website:   www.daff.gov.au/hortcode

ACCC website:  www.accc.gov.au

5. 2010 Crop

Fruit sizes up..