Tarac Technologies Pty Ltd Summary

[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.

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.

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The parties involved in the case are Tarac Technologies Pty Ltd, represented by their employee association, and the employer. The dispute centred around the application for approval of the Tarac Technologies 2022 Enterprise Agreement, specifically concerning wines and spirits. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the necessary criteria for approval, including compliance with the relevant legislative framework, fairness to all parties, and whether it had been negotiated in good faith.

The Fair Work Commission assessed the application based on statutory provisions, including the requirement that an enterprise agreement must be in writing, be negotiated in good faith, and not contain anything that is prohibited by the Fair Work Act 2009. The Commission examined the negotiation process and the content of the agreement, ensuring that it did not include any unfair or discriminatory provisions. The Commission also considered the impact of the agreement on employees and whether it provided adequate protections and benefits.

In its reasoning, the Fair Work Commission determined that the Tarac Technologies 2022 Enterprise Agreement satisfied all the necessary criteria for approval. The Commission found that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The content of the agreement was deemed to comply with the Fair Work Act, and no prohibited matters were identified. The Commission concluded that the agreement would not have an adverse effect on the employees or the employer and was beneficial to both parties.

The Fair Work Commission approved the Tarac Technologies 2022 Enterprise Agreement, effective from the date of the decision. The approval ensures that the agreement will be legally binding and enforceable between Tarac Technologies Pty Ltd and its employees, providing a framework for their employment relationship concerning wines and spirits.

Tarac Technologies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established