Tarac Technologies Pty Ltd

[2014] FWCA 574

[2014] FWCA 574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarac Technologies Pty Ltd
(AG2013/12798)

TARAC TECHNOLOGIES 2014 ENTERPRISE AGREEMENT - WINES AND SPIRITS

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 JANUARY 2014

Application for approval of the Tarac Technologies 2014 Enterprise Agreement - Wines and Spirits.

[1] An application for approval of an enterprise agreement known as the Tarac Technologies 2014 Enterprise Agreement - Wines and Spirits (the Agreement) has been made by Tarac Technologies Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] On 20 January 2014, I advised the employer that I held a concern as to whether the flexibility term in Clause 15 of the Agreement met all of the requirements of s.203 of the Act. 1 The employer subsequently accepted that the term does not meet the requirement in s.203(2)(b) of the Act,2 which stipulates that a flexibility term must require the employer to ensure that an individual agreement made under the flexibility term must be about a permitted matter and must not be an unlawful term. In these circumstances and in accordance with s.202(4), the model flexibility term will be taken to be a term of the Agreement. It is appended to the Agreement as Schedule A.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 4 February 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

 1   Statement issued to the employer dated 20 January 2014.

 2   Email correspondence from Ms Allington, HR Manager, dated 21 January 2014.

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