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

[2014] FWCA 8375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrowdore Pty Ltd as Trustees for Houston Unit Trust T/A Houston’s Farm
(AG2014/8118)

HOUSTON’S FARM (PROCESSING OPERATIONS QUEENSLAND) ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Houston’s Farm (Processing Operations Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Houston’s Farm (Processing Operations Queensland) Enterprise Agreement 2014 (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 not satisfied that the Agreement contains a term about settling disputes in accordance with Section 186(6) of the Act. The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 November 2014 and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 30 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carrowdore Pty Ltd as Trustees for Houston Unit Trust T/A Houston’s Farm applied for approval of the Houston’s Farm (Processing Operations Queensland) Enterprise Agreement 2014. The agreement was intended to cover employees who were engaged in processing operations within Queensland. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees.

The central legal issue for the Commission to decide was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly regarding the coverage and application of the agreement to the employees of Houston’s Farm. The CFMEU argued that the agreement failed to properly define the employee coverage and did not sufficiently address the entitlements and conditions of employment.

The Commission examined the specifics of the agreement, including its definition of the employee coverage and the terms and conditions it set out. The Commission determined that the agreement adequately defined the employee coverage and that it contained the necessary provisions to comply with the Fair Work Act. The Commission was satisfied that the agreement met the requirements for approval and would provide fair and reasonable terms for the employees involved.

The Fair Work Commission approved the Houston’s Farm (Processing Operations Queensland) Enterprise Agreement 2014. This decision affirmed the validity of the agreement and its application to the employees of Houston’s Farm in Queensland.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established