vegetables
VA-NovDec2015
VA-NovDec2015
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Recent issues and<br />
developments in<br />
Australian labour law<br />
THERE ARE MANY LEGAL<br />
IMPLICATIONS THAT VEGETABLE<br />
GROWERS MUST BE AWARE OF WHEN<br />
RUNNING A BUSINESS, ALTHOUGH<br />
IT CAN BE CONFUSING TO SIFT<br />
THROUGH THE JARGON. CAMILLA<br />
THOMAS SUMMARISES RECENT LEGAL<br />
DEVELOPMENTS AFFECTING THE<br />
HORTICULTURE INDUSTRY.<br />
National Workplace Lawyers Special Counsel Tass Angelopoulos.<br />
43<br />
Vegetables Australia November/December 2015<br />
Protect yourself and your<br />
business.<br />
This was the key message<br />
delivered by lawyer Tass<br />
Angelopoulos to the<br />
horticulture industry to deal<br />
with changing developments<br />
in Australian labour law.<br />
There have been a<br />
number of changes to the<br />
country’s labour law in the<br />
past five years, including<br />
recently introduced<br />
bullying legislation, new<br />
precedents for sexual<br />
harassment compensation<br />
and amendments to the<br />
Australian Horticulture<br />
Award.<br />
Mr Angelopoulos, who is a<br />
Special Counsel at National<br />
Workplace Lawyers, said<br />
there was no website or<br />
fact book for growers and<br />
industry that concisely<br />
listed all areas of relevant<br />
legislation.<br />
“There have been<br />
changes and developments<br />
in Australian labour law<br />
that affects the horticulture<br />
industry, but these are often<br />
far reaching and complex for<br />
non-lawyers to understand,” he<br />
said.<br />
Some of these changes and<br />
developments have been part<br />
of the Australian Fair Work<br />
Commission’s four-yearly<br />
review of modern awards. The<br />
current review commenced in<br />
December 2013 to evaluate all<br />
Australian awards, including the<br />
Horticulture Award.<br />
Casual and part-time<br />
employment<br />
Some key themes and general<br />
issues that have arisen from<br />
this review include changes<br />
to casual and part-time<br />
employment, as well as annual<br />
leave.<br />
“An important issue the<br />
review has addressed is that<br />
the Horticulture Award required<br />
a new employer to recognise<br />
the annual leave accumulation<br />
of a worker from a previous<br />
employer,” Mr Angelopoulos<br />
said.<br />
“That was in conflict with the<br />
legislation that states that when<br />
there is a transfer of business<br />
between non-associated entities,<br />
the new employer has the<br />
option to recognise annual leave<br />
accumulated with the previous<br />
employer.<br />
“So the review has removed<br />
the requisite from the award and<br />
now reflects the legislation.”<br />
The four-year review also<br />
amended the Horticulture<br />
Award to give employees the<br />
option to “cash out” their annual<br />
leave by agreement, which<br />
was previously prohibited. The<br />
clause imposes a number of<br />
obligations on the exercise of<br />
annual leave “cash out”.<br />
There are a number of<br />
restrictions, however, as it<br />
was previously prohibited<br />
unless there was an enterprise<br />
agreement in place.<br />
“A change being proposed<br />
by unions for the Horticulture<br />
Award is a casual conversion<br />
clause, enabling casual<br />
employees who have been<br />
employed for more than six<br />
months on a regular and<br />
systematic employment, to<br />
become full-time employees.”<br />
Get advice<br />
Unions are also pressuring the<br />
review to introduce minimum<br />
engagements (four hours) for<br />
casual horticulture work, as well<br />
as a clause in which casuals are<br />
paid overtime after 38 hours of<br />
work per week.<br />
Mr Angelopoulos said if any of<br />
these changes had the potential<br />
to affect your business, he<br />
encouraged legal consultation.<br />
“When you are asked at<br />
any stage to participate in a<br />
survey about changes to the<br />
Horticulture Award, which<br />
you more than likely will be, I<br />
encourage you to participate,”<br />
he said.<br />
“Otherwise, you will have<br />
decisions imposed upon you and<br />
you will have no choice but to<br />
comply – if you are unhappy with<br />
it, it is basically bad luck.”<br />
i<br />
For more information,<br />
visit www.<br />
nationalworkplacelawyers.<br />
com.au.<br />
DELIVERING<br />
YOUR HARVEST<br />
WITH CARE<br />
Our Eco-OzCrates are designed to protect your<br />
harvest from damage with contoured edges,<br />
removable vent covers and four-way forklift access<br />
making it convenient for packing and racking.<br />
Available Australia Wide. To find out more about<br />
our purchase/leasing options call (08) 9353 3113 or<br />
visit www.ecopallets.com.au for more information.<br />
AUSTRALIAN<br />
STANDARD<br />
SIZE<br />
ECO-OZCRATE KEY FEATURES<br />
• Removable vent covers - where vented and non<br />
vented applications are required<br />
• Dropdown access gates - increasing operating<br />
efficiency and handling<br />
• Notches on bearers for safe racking<br />
• Four-way forklift access - handling efficiency<br />
• Interchangeable - with existing crates on<br />
the Australian market to provide<br />
harmonious integration<br />
• Curved edges to minimise<br />
damage to stock.<br />
• Folds down to save<br />
storage space.<br />
SEETSTUDIO.COM SS3000<br />
More than just plastic pallets.