Victory in Marland Mushrooms piece rates case

Farmers have had a win in a landmark court battle run by the National Farmers’ Federation (NFF) and financed by the Australian Farmers Fighting Fund (AFFF), in regards to the use of piece rates in the horticulture sector.

Piece rates are a system by which employees are paid on the
basis of the amount of work completed, such as kilograms of fruit or vegetables

They have been used in horticulture for many years to reward
workers who have become particularly proficient at certain tasks or complete
those tasks more efficiently.

Since 2017, the NFF, with the backing of the AFFF (a
charitable organisation run for the benefit of all Australian farmers) has
represented the horticultural sector’s interests in the matter of Fair Work Ombudsman (FWO) v Tao Hu & Ors
(also referred to as the Marland Mushrooms case).

The FWO charged Marland Mushrooms’ owners for breaching the
Fair Work Act and alleged the labour-hire company it was using had
significantly underpaid workers contracted at the farm.

The NFF, with the financial support of the AFFF, intervened
because it believed the case was “fundamentally defective” and the challenge
threatened the widely-used payment system of piece rates.

The current award provides that rates must be set in such a way that the average, competent worker will earn at least 15 per cent more than if they were paid at the hourly minimum wage for the same amount of work.

When they’re managed the way they should be, piece rates benefit both employers and employees because they encourage workers to earn considerably more than they would if they were paid on an hourly basis,”

National Farmers’ Federation General Manager, Workforce Relations, Ben Rogers

In the initial proceedings in June 2018, the FWO argued that
when an employee does not earn 15 per cent more the payment defaults to the
hourly rate. In the appeal, the court ruled that the original decision was

The NFF believes this would make the piece rates system
almost inoperable and unfair to both employers and employees.

“While the ramifications of the majority judgement are still
being determined, the dismissal of the appeal is a big victory for hard-working
Australians in horticulture.”

/Public Release. View in full here.