DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarac Technologies Pty Ltd
(AG2015/7690)

TARAC TECHNOLOGIES 2016 ENTERPRISE AGREEMENT- WINES AND SPIRITS

Wine industry
COMMISSIONER PLATT	ADELAIDE, 22 FEBRUARY 2016

Application for approval of the Tarac Technologies 2016 Enterprise Agreement - Wines and Spirits.

[1] An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2016 Enterprise Agreement - Wines and Spirits (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. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In Tarac Technologies Pty Ltd, the Fair Work Commission was asked to approve the Tarac Technologies 2016 Enterprise Agreement, which pertains to the wines and spirits sector. The applicant, Tarac Technologies, sought approval for the agreement which governs the terms and conditions of employment for its workers. The dispute arose from the negotiation process and the content of the proposed agreement itself.

The primary legal issues before the Commission involved whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it was made in good faith and without coercion, as required by the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees covered by it.

The Commission carefully examined the negotiation process and found that the agreement was indeed made in good faith, without any undue influence or coercion. It also determined that the terms of the agreement were fair and reasonable, taking into account the nature of the industry, the economic circumstances, and the bargaining positions of both parties. The Commission concluded that the agreement met the necessary standards and approved it, thereby resolving the dispute.

The Fair Work Commission's decision was that the Tarac Technologies 2016 Enterprise Agreement for the wines and spirits sector would be approved, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the workers involved, providing a stable and fair working environment.

Tarac Technologies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established