The Commission in Court Session has varied the Farm Employees’ Award’s scope clause under s37D of the Industrial Relations Act.

The award’s scope clause contained exclusions that referred to repealed or obsolete industrial instruments, and organisations who no longer exist.

The award’s scope clause defined its scope by reference to “farms” and specified activities conducted on farms, but the definition was not comprehensive. This means that there was no State award coverage for some farm workers.

The variations contemporise the definition of “farming industry”, based on the definition in the federal Pastoral Industry Modern Award 2020. The variations mean that, for the first time, the dairy industry and the aquaculture industry will be covered by the Award.

The Commission in Court Session has deferred the commencement of the variations as they apply to the dairy industry, to a later date still to be announced. This is to allow the dairy industry time to implement any changes necessary as a result of award coverage.

The decision can be read here.