Tarac Technologies Pty Ltd

[2022] FWCA 531

[2022] FWCA 531

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tarac Technologies Pty Ltd

(AG2022/64)

tarac technologies 2022 enterprise agreement – wineS and spirits

Wine industry
Commissioner Matheson	SYDNEY, 16 FEBRUARY 2022

Application for approval of the Tarac Technologies 2022 Enterprise Agreement – Wines and Spirits.

1. An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2022 Enterprise Agreement – Wines and Spirits (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. There were inconsistencies between the name of the Applicant and employer covered by the Agreement in the Form F16 application, Form F17 declaration and clause 4.1 of the Agreement. The Applicant applied for a correction to the Form F16 so that it reflected the correct legal name of the Applicant, being Tarac Technologies Pty Ltd (Applicant). I am satisfied that this amendment should be allowed and that it is appropriate to make the amendment pursuant to s.586 of the Act. I make the amendment.

1. The Applicant also applied for a correction to clause 4.1 of the Agreement so that it reflects the correct name of the Applicant and employer covered by the Agreement and, in particular, so the reference to “Tarac Technologies” in clause 4.1 is replaced with a reference to “Tarac Technologies Pty Ltd”. I am satisfied that this amendment should be allowed and that it is appropriate to make the amendment pursuant to s.586 of the Act. I make the amendment.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The United 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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