Carrowdore Pty Ltd T/A Houston’s Farm

[2018] FWCA 7294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carrowdore Pty Ltd T/A Houston’s Farm

(AG2018/4630)

HOUSTON’S FARM (QUEENSLAND OPERATIONS) - ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2018

Application for approval of the Houston’s Farm (Queensland Operations) - Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Houston’s Farm (Queensland Operations) - Enterprise Agreement 2018 (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 T/A Houston’s Farm. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2018. The nominal expiry date of the Agreement is 30 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carrowdore Pty Ltd, trading as Houston’s Farm, applied to the Fair Work Commission for approval of the Houston’s Farm (Queensland Operations) - Enterprise Agreement 2018. The dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval.

The primary legal issues the Commission needed to address were whether the agreement was appropriately negotiated, if it adhered to the provisions of the Fair Work Act, and if it ensured fair terms and conditions for the employees. Additionally, the Commission had to assess if the agreement was genuinely intended to be a good faith endeavour to reach an agreement. The application was opposed by the Australian Workers’ Union, which raised concerns about certain provisions of the agreement, particularly those relating to penalty rates and other employment conditions.

In its decision, the Commission found that the agreement was genuinely negotiated in good faith and complied with the relevant statutory requirements. The Commission acknowledged the union's concerns but determined that the overall fairness of the agreement was not compromised by the contested provisions. The Commission concluded that the agreement provided for appropriate terms and conditions for the employees and met the necessary standards for approval under the Fair Work Act. Therefore, the Commission granted approval for the enterprise agreement.

The Commission's final order was that the Houston’s Farm (Queensland Operations) - Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and enforceable as of the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established