Tarac Technologies Pty Ltd

[2022] FWCA 1813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tarac Technologies Pty Ltd

(AG2022/1437)

Tarac Technologies 2022 Enterprise Agreement - Trades

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 3 JUNE 2022

Application for approval of the Tarac Technologies 2022 Enterprise Agreement - Trades.

An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2022 Enterprise Agreement - Trades (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tarac Technologies Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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. The undertakings are taken to be a term of 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for approval of the Tarac Technologies 2022 Enterprise Agreement (the Agreement) which was made by Tarac Technologies Pty Ltd (the Employer). The agreement was opposed by the Australian Manufacturing Workers' Union (the Union). The dispute centred on the terms of the Agreement, which the Union argued were not fair and reasonable for the employees covered by the agreement.

The legal issues before the FWC were whether the Agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was fair and reasonable, if it included appropriate minimum terms, and if it adhered to the requirements of the Fair Work Act. Additionally, the FWC needed to determine whether the agreement adequately covered the issues and needs of the employees, and if the parties had genuinely negotiated the agreement.

The FWC assessed the provisions of the Agreement against the criteria set out in the Fair Work Act. The FWC noted that the Agreement included provisions that aligned with the minimum standards prescribed by the Act, such as wages, hours of work, and leave entitlements. The FWC also considered the process of negotiation and the evidence provided by both parties. The FWC found that the Agreement was the product of genuine negotiation and that it included terms that were fair and reasonable for the employees. The FWC concluded that the Agreement met all the statutory requirements and approved the Agreement.

The FWC issued an order approving the Tarac Technologies 2022 Enterprise Agreement, effective from the date of the decision. The order mandated that the Employer and the Union give notice of the approved agreement to their respective members and ensure its implementation. The Union's application to have the agreement disallowed was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established