DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrowdore Pty Ltd as Trustees for Houston Unit Trust T/A Houston’s Farm
(AG2015/11)

HOUSTON’S FARM (FARM OPERATIONS) -ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 JANUARY 2015

Application for approval of the Houston’s Farm (Farm Operations) - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Houston’s Farm (Farm Operations) - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrowdore Pty Ltd as Trustees for Houston Unit Trust T/A Houston’s Farm. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 1 June 2016

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Carrowdore Pty Ltd as Trustees for Houston Unit Trust trading as Houston’s Farm, applied to the Fair Work Commission for approval of the Houston’s Farm (Farm Operations) - Enterprise Agreement 2015. The respondents, who included various unions and individuals, opposed the application. The dispute arose from the terms and conditions of employment outlined in the proposed agreement, which the respondents argued did not meet the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly in relation to the procedural fairness, good faith bargaining, and the provisions regarding minimum rates of pay, penalty rates, and other terms and conditions of employment. The respondents contended that the agreement did not adequately address these issues and was not the product of genuine bargaining efforts.

The Commission examined the evidence and submissions presented by both parties, assessing whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement, while not perfect, was the product of genuine bargaining efforts and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met the necessary standards for approval and granted the application. The Commission made orders approving the Houston’s Farm (Farm Operations) - Enterprise Agreement 2015, subject to certain conditions and modifications.

Carrowdore Pty Ltd as Trustees for Houston Unit Trust T/A Houston’s Farm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established