DETERMINATION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/25)

HORTICULTURE AWARD 2010
[MA000028]

4 yearly review of modern awards – Horticulture Award 2010 – substantive issues.

A. Further to the Full Bench decisions issued on 16 November 2017 1 and 22 December 20172 and pursuant to s.156(2)(b)(i) and s.160(1) of the Fair Work Act 2009 (Cth), the above award is varied as follows:

1. By inserting the following definition of ‘enterprise’ in clause 3.1 in alphabetical order:

Enterprise means a business, activity, project or undertaking, and includes:

•  An employer that is engaged with others in a joint venture or common enterprise; or

•  Employers that are related bodies corporate within the meaning of s.50 of the Corporations Act 2001 (Cth) or associated entities within the meaning of s.50AAA of the Corporations Act 2001 (Cth).’

2. By inserting the following definition of ‘horticultural enterprise’ in clause 3.1 in alphabetical order:

Horticultural enterprise means an enterprise which as an important part of its enterprise engages in the raising of horticultural crops.

3. By deleting clause 4.2 and inserting the following:

4.2 Horticulture industry means:

(a) the sowing, planting, raising, cultivation, harvesting, picking, washing, packing, storing, grading, forwarding or treating of horticultural crops in connection with a horticultural enterprise; or

(b) clearing, fencing, trenching, draining or otherwise preparing or treating land or property in connection with the activities listed at 4.2(a).

4. By deleting clause 4.3 and inserting the following:

4.3 Horticulture industry does not mean:

(a) the wine industry;

(b) silviculture and afforestation;

(c) sugar farming or sugar cane growing, sugar milling, sugar refining, sugar distilleries and/or sugar terminals;

(d) any work in or in connection with cotton growing or harvesting; cotton ginneries and associated depots; cotton oil mills and the extraction of oil from seed; or

(e) plant nurseries.

5. By updating the cross-references accordingly.

B. Items 1 to 3 and 5 of this determination are made retrospectively and come into operation from 1 January 2010. In accordance with s.165(3) of the Fair Work Act 2009 (Cth) these items do not take effect until the start of the first full pay period that starts on or after 1 January 2010.

C. Item 4 of this determination comes into operation from 22 December 2017. In accordance with s.165(3) of the Fair Work Act 2009 (Cth) this item does not take effect until the start of the first full pay period that starts on or after 22 December 2017.

VICE PRESIDENT

 1   [2017] FWCFB 6037.

 2   [2017] FWCFB 6947.

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