AWU wins another major legal victory for horticulture workers

The Australian Workers’ Union has won another crucial case on behalf of horticulture workers, this time centring on the rights of casual workers to receive fair overtime payments.

On August 9, 2022, Emma Treves applied to amend the Horticulture Award, challenging the overtime payments to casual workers. Ms Treves was backed by employer groups including the National Farmers Federation (NFF) and AiGroup. She argued that the current regulations were preventing workers from gaining additional work and consequently reducing their overall income.

Defending the overtime entitlements of workers, the AWU countered Ms Treves’ claims with substantial evidence. The union showed that many casual workers are not getting enough hours to meet the overtime thresholds. The AWU also emphasised the lack of financial evidence provided by Ms Treves or employers indicating that their labour decisions were affected by the overtime requirements.

The Fair Work Commission supported the AWU’s stance finding that Ms Treves’s case lacked merit, dismissing it, and leaving the current award overtime provisions unchanged.

“Once again, we have shown that we will not back down when the rights and livelihoods of horticulture workers are at stake,” AWU’s Assistant National Secretary Paul Farrow.

“This case was a challenge, but it illustrates yet again how the AWU is an essential advocate for farmworkers. We’ve seen three significant victories in the last six years, each one reinforcing the rights of workers in an industry where employer misbehaviour is all too common.

“We are proud of our strong legal expertise and industry knowledge, and we owe this to the ongoing support of our AWU members.”

Mr Farrow noted that the major employers failed to provide any evidence supporting their claims that overtime was hindering the horticulture industry. Rather, the independent evidence provided by the AWU to the commission showed that the industry was thriving.

“The employers’ submissions were difficult to reconcile with the public reports showing a decrease in the overall number of workers alongside growth in production,” Farrow pointed out.

“The fact is that the industry is booming, and that’s why the AWU is here – to ensure that our workers reap the benefits of that growth.”

“We will continue to fight for justice for our members and for all workers in the agricultural sector.”