Fruit Growers Victoria is scrambling to clarify the start date of a new award applying to casual fruit pickers, following the 11th-hour approval of the award.
The new Horticulture Award was finalised by the Australian Industrial Relations Commission (now Fair Work Australia) on Christmas Eve, just after seasonal picking had started on Goulburn Valley orchards.
The implementation date was not made clear on the commission's written decision, although Fruit Growers Victoria has suggested to its members that a January 1, 2010 date should be followed.
Fruit Growers Victoria general manager John Wilson said they expected to release a clarification on the application date this week.
Harvest labour costs are expected to rise about 4.5 per cent as a result of the decision.
Mr Wilson said the new award did not comply with the "no disadvantage" to either parties test that Employment and Workplace Relations Minister Julia Gillard promised in award modernisation that is intended to bring together a range of awards across Australia.
The casual loading will increase from 12.5 per cent to 15 per cent.
The proposed minimum guaranteed wage rate has been dropped, following a request for review by the minister.
NFF had submitted that the commission should take into account the perishable nature of the produce grown when setting the hours of work and provide for roster arrangements and working hours that are sufficiently flexible to accommodate seasonal demands and restrictions caused by weather.
VFF was happier with the revised award.
VFF horticulture group president Rien Silverstein said the VFF had called for piecework arrangements to reflect true piecework rates rather than a minimum hourly rate, combined with an incentive payment as contained in the modern horticulture award.
" We also called for more flexible hours of work arrangements, particularly during the harvest period," Mr Silverstein said.
"For these two recommendations to have been accepted by the AIRC is one of the best Christmas presents horticultural producers could have asked for."